El alcance de la responsabilidad extracontractual del Estado por sentencia condenatoria reformada o revocada
Within the new Constitutional reality, the human being is considered as the center of rights, being analyzed the extra-contractual responsibility of the State, generated by its incorrect actions in the judicial field and the harmful and illicit consequences that this generates, deriving all in the o...
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| Main Authors: | , , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8964708 |
| Source: | Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 5, Nº. 1 (Edición Especial), 2020, pags. 434-453 |
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| Summary: |
Within the new Constitutional reality, the human being is considered as the center of rights, being analyzed the extra-contractual responsibility of the State, generated by its incorrect actions in the judicial field and the harmful and illicit consequences that this generates, deriving all in the obligation of repairing them in an integral way. This emphasizing, in those criminal proceedings in which someone has been unjustly deprived of his freedom. For this, an analytical - synthetic methodology has been used. This topic has been chosen to determine the real existence of a preparatory obligation in cases such as the one indicated, it is necessary to carry out a complete study of each process in order to determine if the harmful fact is attributable to the State, in the way in which the Constitutional Rule of Ecuador can lead to the false conviction that in any case the repair proceeds. |
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