'Compensation - ICC proceedings' in document 'Romania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE I
BASIC RULES AND ACTIONS IN THE CRIMINAL TRIAL

Chapter l
AIM AND BASIC RULES OF THE CRIMINAL TRIAL

Art.5 - The person's liberty is guaranteed all throughout the criminal trial.

No person may be retained, arrested or deprived of liberty in any way or subjected to any form of liberty restraint, except for the cases and circumstances stipulated by the law.

If the person subjected to preventive arrest or hospitalization or any measure of liberty restraint considers such measures illegal, he/she has the right, during the trial, to bring the matter to the attention of the competent court, under the law.

Any person who was, during the criminal trial, deprived of liberty, or whose liberty was restrained, illegally or unjustly, is entitled to reparation of the damages, in the conditions stipulated by the law.

During the criminal trial, the accused person or the defendant who is preventively arrested may require temporary release, under judicial supervision or on bail.

RELEVANT ROME STATUTE PROVISIONS

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.