Post by account_disabled on Jan 3, 2024 6:50:07 GMT
Aperson can bring an action only against the state represented by the Ministry of Public Finance. After the damage has been covered by the state based on the irrevocable decision given in compliance with the provisions of para. the state may bring an action for damages against the judge or prosecutor who with bad faith or gross negligence committed the judicial error causing damages. The limitation period for the right to action in all cases provided for by this article is one year. Para. and will have the following content.
After the damage has been covered by the state based on the Country Email List irrevocable decision given in compliance with the provisions of para. the state is obliged to bring an action for damages against the judge or prosecutor who with bad faith or gross negligence committed the judicial error causing damages. The limitation period for the right to action in the cases provided for in this article is five years for the cases in which the injured person suffered material losses and eight years for the cases in which the injured person was deprived of liberty. ART. There is bad faith when the judge or prosecutor knowingly violates the rules of material or procedural law pursuing or accepting the injury of a person.
There is serious negligence when the judge or prosecutor negligently disregards in a serious unquestionable and inexcusable way the rules of substantive or procedural law. Noncompliance with the decisions of thewhich do not raise interpretation problems or the exercise of the function in bad faith or gross negligence is sanctioned by exclusion from the judiciary and the loss of all salary rights after the date of the violation. Magistrates who were excluded from the magistracy based on this paragraph are no longer entitled to the special pension granted to magistrates. All acts concluded by the magistrate found.
After the damage has been covered by the state based on the Country Email List irrevocable decision given in compliance with the provisions of para. the state is obliged to bring an action for damages against the judge or prosecutor who with bad faith or gross negligence committed the judicial error causing damages. The limitation period for the right to action in the cases provided for in this article is five years for the cases in which the injured person suffered material losses and eight years for the cases in which the injured person was deprived of liberty. ART. There is bad faith when the judge or prosecutor knowingly violates the rules of material or procedural law pursuing or accepting the injury of a person.
There is serious negligence when the judge or prosecutor negligently disregards in a serious unquestionable and inexcusable way the rules of substantive or procedural law. Noncompliance with the decisions of thewhich do not raise interpretation problems or the exercise of the function in bad faith or gross negligence is sanctioned by exclusion from the judiciary and the loss of all salary rights after the date of the violation. Magistrates who were excluded from the magistracy based on this paragraph are no longer entitled to the special pension granted to magistrates. All acts concluded by the magistrate found.