الضرر الناشئ عن الحبس المؤقت و مدى قبول التعويض عنه

Abstract EN

Compensation for victims of awaiting trial detention is an exception to the general rules of administrative responsibility, as it is examined by a supreme court commission having the character of a civil court, ordering in first and last resort.

This issue deals with the jurisprudential interpretation of the prejudice caused to the victims of unjustified detention on remand, which the law qualifies as proven and particular and of a especial serious nature, It raises the question about when compensation is attributed for material or moral prejudice ? and when is she excluded ? In reading of the judgments of the compensation commission, it appears that the commission is rigorous n regard of this issue, and if it excludes compensation, the plaintiffs can not make any appeal against these judgments.