Revizuirea procesului penal urmare a constatării încălcării drepturilor sau libertăților fundamentale prevăzute de Convenția pentru apărarea drepturilor omului și a libertăților fundamentale
Review of criminal proceedings following the finding of a violation of fundamental rights or freedoms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms

Author(s): Adela MORCOV
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Biblioteca Ştiinţifică a Universităţii de Stat Alecu Russo
Keywords: review of the criminal trial; finding infringement of rights; Government agent; fundamental vice; restitutio in integrum; continuous violation
Summary/Abstract: Under the European Convention for the Protection of Human Rights and Fundamental Freedoms, Republic of Moldova has undertaken to adopt, inter alia, general measures, which provide for the party whose rights have been violated, restoring as much as possible the same situation as it had benefited from before the violation of fundamental rights and freedoms (restitutio in integrum). And in order to benefit from a reinstatement in the previous situation if the infringement continues to produce legal effects, the entitled party, as well as the State represented by the Governmental Agent may submit a request for review. That is to say, the purpose of this approach is to lay down the conditions for the introduction of an application for review in the event of a violation of fundamental rights or freedoms.

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