LIABILITY OF THE STATE AS A CONSEQUENCE OF FALSE IMPRISONMENT

被引：0

作者：

Hoyos Duque, Ricardo ^{[1
]}

Victoria Zambrano, Maria ^{[2
]}

Jaramillo Bedoya, Luis Fernando ^{[2
]}

机构：

[1] Univ Mil Nueva Granada, Fac Derecho, Bogota, Colombia

[2] Univ Mil Nueva Granada, Derecho Adm, Bogota, Colombia

来源：

PROLEGOMENOS-DERECHOS Y VALORES | 2006年 / 9卷 / 17期

关键词：

State; liability; freedom; incarceration; deprivation; injustice; arbitrariness; legality; illegal tort; judge; indemnification; law; sentence and acquittal;

D O I：

暂无

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

Analyzing the jurisprudence of the Council of State (The highest court in administrative law in Colombia) in relation to the liability of the State as a consequence of false imprisonment, we found that the Council of State has adopted three views: the first one, that we can consider as the subjective one, compares this form to a judicial mistake and to the defective operation of the administration of justice as well, because it demands a wrong conduct of the administration of justice and the existence of a judicial decision fragrantly against the law, as necessary requirements to liability of the State as a consequence of false imprisonment existence. The second one, which we can call objective, affirms that this form of liability, as far as the imputed conduct relates, arises when the person has been incarcerated and freed as a

引用

页码：11 / 21

页数：11