حق المتهم في التعويض عن الخطأ القضائي.

Abstract

The legal reflection approved the necessity to acknowledge the responsibility of the State for its legal actions in particular cases, which were initially embodied in the decision of acquittal handed out on the basis of the request for review to extend gradually to include unwarranted Pre-trial detention. In these cases, the decision that makes the State responsible is not made according to the rules of ordinary civil liability which requires the meeting of the mistake and the damage and the causal relationship between them, rather this responsibility is carried out on the basis the principle of equality before public charges which determines the right of the accused to be compensated, whether materially or morally, for the damage he has suffered. This compensation depends on the get-together of the conditions relating to the unjustified imprisonment and the pronouncement of the decision of acquittal on the basis of the request for review. However, to say that a miscarriage of justice, according to its correct notion, remains only on the theory of the error, which could be caused by the failure of investigations or the incompetence of the judge to understand its meaning or the incompetence scientific and cultural of the judge, his inattention or negligence, or his violation of his duty because of his greed of money and many other reasons for which we perceive deviation or negligence on the part of the judicial authority. the question that requires adopting the current that recognizes the responsibility of the State on the basis of the error of service or the personal responsibility of the magistrates as a principle, while always holding the declared responsibility of the State on the basis of the principle of equality before the charges of unjustified provisional detention and the decision of acquittal resulting from the application for review.