Judiciary Error


  • Carmen Ion Danubius University


miscarriage; magistrate; victim; judgment; rights


All people have rights, but not all people have chances...

This expression too realistic, sincere, can be overlooked in the magnitude of events, reflects the reality with which we face in Romania today.

Files completed with hard years in prison have, over the years, experienced incredible twists and turns. A series of errors made by law enforcement led to the wrongful conviction of people who had no guilt.

                After years of seeking justice, the victims of these miscarriages of justice were unable to find their quiet lives until they were targeted by investigators.

Instead, the real criminals were either found decades later or never.

One of the social calamities with resonance and hard or impossible to repair is the judicial error, namely injustice. Victims of errors in Justice don't even get an excuse.

In Romania, the profession of magistrate is among the few in which no one pays anything for proven errors.

In practice, there are the necessary levers for the culprits for errors in Justice to pay impossible. In order to make a magistrate liable for any error, it is necessary to prove first bad faith or negligence. Neither are clearly definitive in the judicial system of our country.

In Romania, the actual material liability of magistrates is not yet desired.