When are judges liable?
Now you wonder, when does a public official carry out an irregular activity?
A public official performs an irregular activity, when it causes damage to the property and rights of any individual, without the individual having the obligation to bear that damage, due to the absence of a legal basis or legal cause of justification to legitimize the suffered damage.
Judges are public officials who have the obligation to ensure the correct application of the laws, carrying out judicial procedures and issuing resolutions in accordance with the law. So if a judge without foundation or without legal cause violates the rights of an individual causing damages, or moral damage, the affected individual could request compensation for the damages that have been caused.
Likewise, it should be said that according to the American Convention on Human Rights, to which Mexico is a party, everyone has the right to be compensated according to the law in the event of having been sentenced in a final judgment by judicial error. Therefore, in cases of judicial errors, individuals have the right to be compensated for the damages that the judges cause them with said errors.
You may now wonder, what is a judicial error?
According to contemporary legal doctrine, “Judicial error supposes a wrong result, not adjusted to the law, either because the law has not been applied correctly, or because facts that do not correspond to reality have been established.”
So now, we should ask ourselves, what kind of damages could a judge cause when he commits an irregular activity or a judicial error?
The damages that it could cause are economic or moral.
An example of economic damage would be if a judge, by judicial error or without foundation or legal cause, issues a resolution in which he decides that a real state with a certain owner must pass into the property of another person.
In this case, following the procedure to request compensation, the individual affected by the deprivation of the real state property could receive compensation for the damages caused by judicial error or irregular activity carried out by the judge.
An example of moral damage could be if a judge without foundation and without cause or by judicial error orders the imprisonment of a person. In this case, the individual, having been affected in his feelings, honor, reputation, could be compensated for having been improperly imprisoned.
From the above, you will surely wonder what damages means and what moral damages mean according to Mexican laws. Let’s see.
Damage is the loss or impairment suffered in the equity; in the case under study, this damage would be caused by judicial error or by irregular activity carried out by a judge.
Damage is the deprivation of any lawful profit, which should have been obtained; in the case under study: the profit that the individual could have obtained if the judge had not carried out an irregular activity or had not made a judicial error.
Moral damage is the affection that a person suffers in his feelings, affections, beliefs, decorum, honor, reputation, private life, configuration and physical appearance, or in the consideration that others have about him.
Then when a judge incurs in the performance of an irregular activity or in a judicial error, and as a direct consequence of this, causes the individual economic damage, prejudice or moral damage; the individual could carry out a procedure to obtain financial compensation for the damages caused to him.
On the other hand, judges and court officials may be subject to administrative sanctions, when they fail to comply with their obligations.
In the case of Quintana Roo, according to the laws, the judges and the officials of the courts must comply with certain obligations, among others: not to threaten the correct judicial function, such as accepting a bribe to perform a certain act; abandon or delay the processing or resolution of a trial; prevent the parties of a process from exercising their rights; not preserve impartiality.
As the case may be, in addition to the criminal liability that the judicial official may incur, he or she could also be subject to administrative sanctions, which may be economic sanctions (fines), reprimands, suspension without pay or even dismissal.
If you have been affected by an irregular and baseless act of authority; and, as a result of this, you have suffered damage, you have the right to receive compensation. Our law firm has specialists on this mtter who can advise you when required. You can schedule a free call (add link) to discuss your case with us.
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