Responsabilidad estatal por el ejercicio de la función jurisdiccional en materia penal.

Abstract

Prima facie, as we studied in this course of administrative law, the State must respond by the damages while exercising its jurisdictional function in three (3) events: (i) jurisdictional mistake, (ii) unfair deprivation of freedom, and, in general, (iii) by defective operation in the administration of justice. In respect of the unfair deprivation of freedom, law 270 of 1993 condition the declaration of responsibility to be disproportionate and violatory of legal procedures, from there the doctrine and jurisprudence have stablished that are three (3) the events that generate this kind of responsibility in criminal law: (i) when de behavior did not exist, (ii) when de behavior isn´t a crime, and (ii) when the defendant did not commit.