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The main reason for conducting this research is todo a descriptive study of the legal proceedings and problems that arise when the judge by carelessness or negligence cause irreparable harm to the accused; restraining him of his freedom. The judicial function is the application of law to resolve individual cases by judges, which has the potencial to cause damage to the defendant, and therefore the legal possibility to claim reparation or compensation for material or moral consequences of the harmful act. Due to the judicial action, there cpuld be a legal liability a problem of classification could occur when the same conduct implies two or more standars that result in criminal, civil, administrative or political sanctions.

La responsabilidad del Estado en la función judicial. State responsibility in the judicial role