Eroarea judiciară şi daunele morale

Rezumat

The mechanism of civil tort liability mainly aims to completely repair the prejudice caused to the victim of the illicit doing, no matter the nature of these negative consequences.

The non‑pecuniary prejudice caused to the victim of a judicial error can take various forms, and using classification criteria that categorize this type of prejudice into moral prejudice, biological or social prejudice helps realizing a complete compensation for the victim, but also avoiding a double reparation.

Because it is impossible to quantify the moral sufferance of a human being, a reparation in nature of the non‑pecuniary prejudice is not possible, and the compensation of these negative consequences suffered by the victim must be obtained by a transparent and objective manner.

Keywords: non‑pecuniary prejudice; moral prejudice; judicial error; liability; compensation; fair trial.