Special case of review based on a decision of the European Court of Human Rights in the criminal trial

  • Otilia Ghenici Faculty of Law, Babeș-Bolyai University of Cluj-Napoca; Bucharest Bar Association
Keywords: final decision of the ECHR, violation of a right provided by the Convention, serious consequences, request holders, the competent court, the deadline for introduction, judging the request for review, solutions, remedies

Abstract

Apart from the common cases of revision, the new Criminal Procedure Code, in terms similar to the previous one, also regulates a special case, namely the review based on a decision of the European Court of Human Rights (ECHR) - Article 465 Code of Criminal Procedure.

There is a case of revision when it is found by an ECHR judgment to convict or dismiss the case, following an amicable settlement of the dispute between the state and the claimants, that the provisions of the European Convention or the additional protocols have been violated, in the criminal case whose review is required, if such violations continue to have consequences and if the removal of these consequences can only be achieved by reviewing the criminal decision.

The paper follows the evolution of the regulation, analyzes the conditions for the exercise of the request for revision and the trial procedure, by reference to the national case law.

Published
2020-02-03
Issue
No 3 (2019): Criminal Law Writings
Section
Doctrine