Damages and losses caused by Judges and Magistrates (STS 07-13-2020). Tacit r...

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On July 13, the Contentious Chamber of the Supreme Court issued a ruling in which for the first time it ruled on the interpretation of the current art. 296.2 LOPJ , which establishes its meaning and scope. It is a short sentence. The matter stems from a conviction for a tax crime against a woman. The interested party affirms that the Magistrates who condemned her acted in a malicious manner , indicative of fraud or serious negligence, based on art. 296.2 LOPJ, understands that there is a claim of financial responsibility of the State-judge, which must be addressed to the General Council of the Judiciary for the purposes of its resolution. The issue reaches the Supreme Court.

The question is the following: in the event that an individual understands that in his litigation he has suffered damages because the Judges and Magistrates have incurred fraud or serious Netherlands Email List negligence, in accordance with the provisions of section 2 of article 296 LOPJ – The fraud or serious fault of the Judge or Magistrate may be recognized in a sentence or resolution issued by the General Council of the Judiciary , ... - Can the General Council of the Judiciary be expected to declare fraud or serious fault as a prior step to obtaining a compensation? The response of the TS is that “art. 296.2 LOPJ does not allow anyone who considers themselves harmed by the actions of a Judge or Magistrate to contact the CGPJ, so that it can declare the existence of the damage and recognize the right to compensation.



Apart from the responsibility of the State for judicial error and abnormal functioning of the Administration of Justice, to claim compensation for damages caused by Judges and Magistrates,” as stated in FD 7 of the Ruling 986/2020 of July 13, 2020. The STS focuses the issue of liability for damages due to error or malfunctioning of the Administration of Justice in article 121 of the Spanish Constitution – “Damage caused by judicial error, as well as those that are a consequence of the abnormal functioning of the Administration of Justice. Justice, will give the right to compensation from the State, in accordance with the Law. indicating that whoever believes that they have suffered damage, can turn against the State, through the constitutionally guaranteed titles of imputation are judicial error and the malfunctioning of the Administration of Justice.