DEFENDANT'S RIGHT TO REPARATION FOR DAMAGE CAUSED BY DETENTION FOLLOWING A VERDICT OF NOT GUILTY

• NCJ Number: 42810
• Journal: ANUARIO DEL INSTITUTO DE CIENCIAS PENALESY CRIMINOLOGICAS Issue: 5 Dated: (1973) Pages: 23-42
• Author(s): T CHIOSSONE
• Date Published: 1973
• Length: 20 pages
• Corporate Author: Universidad Central de Venezuela
• Publication Format: Article
• Language: Spanish
• Country: Venezuela

Annotation

THIS ARTICLE EXAMINES THE DUTY OF THE GOVERNMENT, UNDER VENEZUELIAN LAW, TO COMPENSATE PERSONS ARRESTED AND TRIED FOR A CRIME AND FOUND INNOCENT OR THOSE CONVICTED AND SENTENCED AND LATER FOUND TO BE NOT GUILTY.

Abstract

IT FOCUSES ON SITUATIONS INVOLVING FALSE ARREST, TRIAL, AND IMPRISONMENT WHICH CAN BE ATTRIBUTED TO ERROR ON THE PART OF THE GOVERNMENT OR OF ONE OF ITS OFFICIAL REPRESENTATIVES IN THE COURSE OF PERFORMING HIS OR HER DUTIES. BASED ON AN ANALYSIS OF CONSTITUTIONAL LAW AND THE LEGAL ARGUMENTS RELATING TO THE STATE'S OBLIGATION TO MAKE RESTITUTION, IT IS CONCLUDED THAT THE RESPONSIBILITY OF THE STATE WAS UNDENIABLE AND CLEARLY OUTLINED IN THE VENEZUELIAN CONSTITUTION. HOWEVER, ANY ILLEGAL SITUATION OCCASIONED BY THE IGNORANCE, ARBITRARINESS, MALICE, OR DELIBERATE FRAUDULENT INTENTION OF A GOVERNMENT OFFICIAL WOULD BE ATTRIBUTABLE TO THE OFFICIAL ONLY, AND NOT TO THE STATE. --IN SPANISH...ELW