{"title":"Compensatory remedies in the execution of life detention in comparative law","authors":"Maria Strulea","doi":"10.59295/sum3(163)2023_13","DOIUrl":null,"url":null,"abstract":"The European Court of Human Rights has consistently noted that precarious conditions of detention are contrary to Article 3 of the Convention. As a result, the criminal procedural legislation of the Republic of Moldova provided for a compensatory remedy in case of finding the circumstances provided in article 4732 par. (3) of the Code of Criminal Procedure. Thus, in the event of such circumstances, the court orders the reduction of the custodial sentence and, regarding the remaining period, orders, as compensation, the payment in favor of the convict of a sum of money for each day in which the convict suffered a violation of conditions of detention. The question is whether compensatory remedies for inhuman conditions of detention are applicable to persons sentenced to life imprisonment.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Studia Universitatis Moldaviae Stiinte Sociale","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.59295/sum3(163)2023_13","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The European Court of Human Rights has consistently noted that precarious conditions of detention are contrary to Article 3 of the Convention. As a result, the criminal procedural legislation of the Republic of Moldova provided for a compensatory remedy in case of finding the circumstances provided in article 4732 par. (3) of the Code of Criminal Procedure. Thus, in the event of such circumstances, the court orders the reduction of the custodial sentence and, regarding the remaining period, orders, as compensation, the payment in favor of the convict of a sum of money for each day in which the convict suffered a violation of conditions of detention. The question is whether compensatory remedies for inhuman conditions of detention are applicable to persons sentenced to life imprisonment.