Recognition in Romania of a Turkish Acquittal Judgment under the Hague Convention and Article 13 ECHR

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Introduction

The article analyses the legal implications of recognising in Romania an acquittal judgment delivered by a Turkish court. It examines the interaction between the Hague Convention on the International Validity of Criminal Judgments, Article 13 of the European Convention on Human Rights, and Law no. 302/2004 on judicial cooperation in criminal matters.

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The case concerns a defendant acquitted in Turkey after Romania had previously issued a conviction in absentia and sought its enforcement abroad. Under the Hague Convention mechanism, the Turkish acquittal nullified the effects of the Romanian conviction. The article notes that Romanian law lacks a clear procedure for recognising foreign acquittals and argues that, in light of Article 13 ECHR, authorities must provide an effective remedy to remove the continuing legal consequences of the conviction.

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