Theoretical explanations and practices regarding the distinction between the concepts: judicial error, error of law and fundamental vice in the legislation of the Republic of Moldova

Author:Vasilisa Muntean
Position:PhD student, University of European Political and Economic
Pages:69-79
SUMMARY

In the research, a doctrinal and legal analysis of the concept of legal error is carried out. The author provides a self-defined definition of the concept addressed and highlights the main causes and conditions for the occurrence of judicial errors. At present, in the specialized legal doctrine of the Republic of Moldova, the problem of defining the judicial error has been little approached. In... (see full summary)

 
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Theoretical explanations and practices regarding the distinction
between the concepts: judicial error, error of law and
fundamental vice in the legislation of the Republic of Moldova
PhD. student Vasilisa MUNTEAN
1
Abstract
In the research, a doctrinal and legal analysis of the concept of legal error is
carried out. The author provides a self -defined definition of the concept addressed and
highlights the main causes and conditions for the occurrence of judicial errors. At presen t,
in the spec ialized legal d octrine of th e Republic of Moldova, the problem of defining the
judicial error has been little approach ed. In this respect, this scientific art icle is a scientific
approach aimed at elucidating the theoretical and normative deficiencies and errors that
occur in the area of reparation of the prejudice caused by judicial errors. In order to
achieve our goal, we aim to create a co re of ideas and referral mechanisms that ensure a
certain interpretative and decisional homogeneity in the doctrinal and legal
characterization of the phrase "judicial error".
Keywords: judicial error, court, judge, criminal trial, judgment, jurisdiction, criminal
investigation.
JEL Classification: K41
1. Generalities
The activity of the courts as state bodies delegated to the judiciary is
governed by a single purpose: the protection of the rights, freedoms and legitimate
interests of persons. The achievement of this goal is manifested through the
pronouncement of legal acts.
As a rule, the examination of a case ends with the adoption of a judgment,
in which the court expresses its views on the merits of the indictment brought by
the prosecution or the claims made by the applicant. As a judicial act, the court
must meet certain conditions of validity regarding its legality.
The way in which the conduct of the criminal trial and the professional
training of those involved in the performance of justice are regulated, exclude, in
principle, the risk of judicial errors. However, given that the act of justice is the
work of some people, and that any human activity is subject to error, it is possible
that judicial errors sometimes occur in the process of criminal justice
2
.
1
Vasilisa Muntean - Judge at the Chisinau District Court (Buiucani District), PhD student, University
of European Political and Economic Studies "Constantin Stere", Republic of Mo ldova,
mihalacheiurie1983@gmail.com.
2
Popescu G., Repararea pagubei materiale sau a daunei morale în cazul condamnării pe nedrept sau
al privării ori restrângerii de libertate în mod nelegal. EIRP Proceedings. Danubius University of

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