Facultatea de Drept / Faculty of Law
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Item Eroarea judiciară: concept și reglementare [Articol](CEP USM, 2024) Iacub, IrinaThe study is focused on the issue of judicial error as a concept and legal category. Starting from the constitutional text, in which the notion of “error” is attested, and the legislation that develops it, an attempt is made to clarify its meaning, taking into account the lexicographical explanations from explanatory dictionaries and those of legal terms. The main conclusion is focused on the idea that the judicial error, which includes in itself the error of fact and law (even if only one of them), can be admitted as a result of the violation of material or procedural rules, which denotes that it essentially represents an action/ illegal inaction.