The role of the compensatory mechanism in the implementation of criminal policy and criminal enforcement policy

Abstract

Repeated requests from applicants to the European Court of Human Rights v. The Republic of Moldova described the same problems with material conditions of detention, such as overcrowding in prisons, lack of hygiene and adequate material conditions of poor quality and quantity. Insufficient food, as well as a lack of adequate medical care, led the Court to find that poor detention conditions in the Republic of Moldova are a systemic problem. The state of affairs in which the Republic of Moldova was mentioned conditioned the immediate implementation of remedies with preventive and compensatory effects that would guarantee an effective compensation from the state for violations of the Convention, violations that occurred not only during detention but also in the time the person was under criminal investigation. Such a remedy has been recognized as a compensatory mechanism, through which the claimant can submit a claim to the national court, which, if it finds that there has been a violation of the Convention, is entitled to reduce part of the compensation mechanism by applying the compensatory mechanism. the custodial sentence applied.