Judicial error

The judicial error is a situation which consists in conviction or imprisonement of an

innocent person as a result from the mistakes of the justice sistem in the penal trial. In
the Romanian criminal code this situation is mentioned in the article 538 , especially how
the injured person could hold the state responsible for the mistake that has already
been made .
I chose to discuss about Anca`s case , which is considered one of the biggest judicial
error from Romania and I think it has all the reasons to be assigned this distinction . This
case started in 8 July 1977 when the police found in Herastrau Park a package which
contained two woman hands and another five packages in different places but not far
one from the other with the rest pieces of woman`s body . That sectioned woman body
belonged to Ana , a young lady from Sibiu , who had studied in Bucharest at ASE and
lived at her aunt . This incredible finding out put the police in some hot water and this
forced them to find quickly who was the guilty person in order not to create panic
among the peopleand also to make the impression that the police is always solving a
case I the fastest way possible.
After the investigation the murderer was found in the person of a 26 years old taxi driver
, Gheorghe Samoilescu . In fact this man was involved in lady`s life but with little stuff
and all the evidence that proved him guilty weren`t bright . He denied the murder
commitement but the police forced and even more tortured him in order to confirm that
he was the author of the crime . After 30 days of arrest he was sentenced to 25 years of
jail for extremely serious murder. In 6 months of investigation, after he was arrested, it
happened a series of tragical events : the taxi driver`parents killed themselves because
they no longer could accept the fact that their child was a murderer , his wife was also
accused of murder as an accomplice , their children were sent to orphanage and he
finally admitted a murder that he didn`t comitt. After 4 years spent in prison Samoilesu
was found innocent because the real murderer was Cozmici Romica a mediocre painter
who had already killed another woman and he recognized that he was the author of
Anca`s murderer.
In the end Samoilescu charged the state to pay him 500.000 euro compensation but
after 38 years the State decided to pay him only 10.000 taking back the money spent for
his needs in 4 years of jail .
I chose this case amoung the others judicial errors because it destroyed in the
cruelest way a human being`s life and not lest his famiy . More or less even guilty , the
state is never guilty and if you are one of its lab rats I have nothing to say that : Bad luck!

Timis Ionela Maria

Grupa 12 (1 D.E.I.)