Civil liability of the State for improper precautionary prison

Abstract

This article is about the possibility of holding the Public Entity accountable for precautionary prisons. The so-called Civil Responsibility of the State derives from the Federal Constitution in its Article 37, §6. Responsibility for judicial error stems from article 5, subsection LXXV. This article will seek to understand if the precautionary arrest of article 312 of the Code of Criminal Procedure, when improperly applied, will lead to compensation for legal error.