التعويض عن أعمال القضاء : دراسة مقارنة

Abstract EN

A person who is remanded in custody and not brought to court due to a decision ruling out the institution of proceedings, or brought to court and finally acquitted, is deemed eligible for compensation for material and moral damages caused by the preventive detention.

As per established rule, a state is not accountable for judicial proceedings except in cases provided for by legislator.

With a view to safeguarding public interest, legislator enacted laws ensuring judge’s excuse in the event of fault, and similarly to protect litigants interests, legislator enacted some laws allowing them to hold a judge civilly liable for his mistakes affecting them.

Legislator provided for state’s liability for some judicial proceedings in specific articles and moreover set out regulatory procedures and assurances for judges' personal accountability in cases of litigation against judges and petitions for review in both presence and absence of element of fault.

Legislator also set out procedures for judges personal accountability in cases other than those mentioned.