The difference between judicial error and irregularities in the administration justice.
caused damage any property or right of judicial error and deriving or arising from irregularities in the administration of justice have differential treatment under Title V of the Organic Law of Judicial Power in Articles 292 et seq. Expressing the art. 292 of the Judicial Power that:
1. The damage caused to any property or rights by judicial error as well as those arising from irregularities in the administration of justice to all those affected will be entitled to compensation from the State, except in cases of force majeure under the provisions of this title.
2. In any case, the alleged harm must be actual, economic evaluations and individual in relation to a person or group of people.
3. The mere revocation or annulment of judgments alone does not necessarily entitled to compensation.
The mistake is in terms which recognized the case of TS-statements of 16 June 1995, May 6 and June 26 of 1996 and thirteen of June 1990 and nine, "the judge to disregard the undisputed data in a relationship that breaks the harmony of the legal order or decision misinterprets the legal system, if an interpretation is not sustainable by any method of interpretation applicable in practice judicial.
The irregularities in the administration of justice includes, for Meanwhile, any defect in the performance of courts or tribunals, designed as organic complex which comprises a number of people, services, facilities and activities. Abnormal functioning of a particular case is removed, the wrong decision, to pursue a separate legal treatment. "
is no doubt that the abnormal functioning of the administration of justice is subject to our legal system to a different treatment of judicial error: a) while compensation of error should be preceded by a court decision expressly to recognize, under Article 293.1 of the Organic Law of the Judiciary; b) the claim for damages resulting from irregularities in the administration of justice does not require a prior judicial declaration, but is made directly to the Ministry of Justice in the manner prescribed in Article 292 of the Organic Law Judicial Branch, through a claim of liability on the administration of justice.
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