RA bears Liability for the Harm caused to a Person in result of wrong application of Justice by the Judge and shall be compensated by the RA

Harm caused to a citizen as the result of illegal conviction, illegal bringing to criminal liability, illegal application as a measure of restraint of confinement under guard or signed commitment not to depart, or illegal imposition of an administrative penalty, shall be compensated by the Republic of Armenia in full regardless of the fault of the officials of the agencies of inquiry, preliminary investigation, procuracy, and the court, by the procedure established by a statute.
“Harm caused in the conduct of the court administration shall be compensated in the case when the fault of the judge is established by a verdict-sentence of a court, which has entered into legal force,” Anahit Hakobyan, advocate, AYLA member informs to Iravaban.net.
According to her there are cases when the Court holds a sentence of acquittal and proves the illegal action of a lower court, yet not any official is punished and no compensation is paid to the harmed person.
“The person shall know the law and possibility of compensation for the harm caused,” the advocate said.
These legal relations are regulated under Article 1064 of the Civil Code of the RA.

The source: iravaban.net

Հետևեք մեզ Facebook-ում

  Պատուհանը կփակվի 6 վայրկյանից...   Փակել