The study addresses the issue of the procedure for the repair of material damage and moral damages in the event of a judicial error or in case of unlawful deprivation of liberty or other cases, in the context of a comparative study of Romanian and Moldovan legislation, analyzing different regulations of the forms of legal liability the state in relation to the case law of the European Court of Human Rights on violation of art. 5 of the Convention. The question of state liability for judicial errors is a matter of social equity, which concerns both States as judges and the international community, which is why when a final criminal conviction is subsequently annulled or pardon is granted, a new or newly discovered fact proves that a legal error has occurred, the person who has suffered a sentence following this conviction will receive an indemnity in accordance with the law, unless it has been proved that the non-discovery of the unknown fact in due time is attributable to them, in whole or in part. The modernization of the criminal law of both states to the standards of European law regulates the procedure for the repair of material damage or moral damages in the event of a judicial error or in the case of an unlawful deprivation of liberty, provided that the state is responsible for the way its specialized agents, prosecutors and judges, carry out their duties under national law.