المسؤولية و التعويض عن أوامر الحبس الاحتياطي : دراسة مقارنة في القانونين المصري و الفرنسي

الملخص EN

The preventive detention as an injunction is a procedure that implies a direct prejudice to the accused personal freedom of movement however made to the advantage of justifying the correct path of investigation or criminal proceedings.

The negative effects of this procedure would entail direct harm to the accused in person, his family and even his career, as well as the entailed social smearing of the stigma of being imprisoned, no matter that he or she was later acquitted or proven innocent.

The ruling for compensation for such a detention assumes the existence of a legal liability bestowed on a third party for harmful act.

This liability is endowed with queries that raise fundamental questions such as the basis of the legality of this measure, and whether liability should be incurred by the person who ordered it or the state itself, and the party responsible to bear the compensation for that.

This paper deals with the issue of liability and compensation for precautionary detention both from a French and Egyptian legal perspectives, and the requirements and qualifications related to the right to monetary compensation for both moral and material harm envisaged in the French law, and the compensation for the moral harm as envisaged in the Egyptian law.