Says a maximum legal that the good justice should be served blind to resolve conflicts, not amplified them. But, either by indolence or excess work of those who manage it, sometimes emit judicial decisions and crazy and surreal. Those affected have the possibility of filing a claim with the State being compensated when a judge is wrong. There are sensational judicial errors that bring serious consequences to the litigants, and even to innocent third parties, with great suffering. Get compensation, if that is achieved (the State pays late and little), it means years of waiting. Below, some of the mistakes reported to the Ministry of Justice.
Not served its pleading that it had to be a mistake, and the agents took custody. Then they discovered the error
Victim of male violence confused with your batterer. Eva C. B. was calm in his house at 00.23 on march 24, 2017. She took care of her two young sons when agents of the basque police broke into his home with an arrest warrant released by the Penal Court 7, Bilbao. Were their pleas that it had to be an error and the led stopped. Spent 12 hours in the dungeons in the framework of a procedure for male violence, for allegedly breaching a sentence of 32 days of work in favour of the community. He was right: she was the victim. In reality the defendant was her husband, Jairo B. C., sentenced for threatening you. To make the search and arrest, the court put his name and not that of the perpetrator, and the agents were out to get her. Now claims to the State a compensation of 3,500 euros. The Council of the Judiciary has given the reason, because “there was a malfunctioning of justice”. Is waiting for the ministry to rule.
Those affected have the possibility of filing a claim with the State being compensated when a judge is wrong. But is paid little and late
Two years without mooring in the port of Palma. Christian Ludwig has not been able, for almost two years, berthing at any yacht on the mooring that holds in the point 588 of the port of Mallorca. The Civil Guard, with the order of the Central Court 6 of the National Audience, it occurred to him to locate there, sealed, a boat of 10.5 m length and 2.5 sleeve seized to a criminal organization. When, in January of 2015, the owner wanted to use his mooring he saw that he could not. It was occupied by another vessel unknown. The Civil Guard explained that it was a thing of the court and that could not be touched. For months, Ludwig addressed the court, “countless” occasions to ask him to take you there on the boat, I needed the mooring and in addition approaching summer campaign. He entered a maze of the court.
The court is limited to tell you to go to the 17.Th Zone of the Guardia Civil in the Balearic islands. This told him that he lacked the means to carry out that transfer, and to come to the court. Months passed, and up to two campaigns in summer more, and the boat was still there from 2014, when it was requisitioned. In November 2015 sent another written complaint to the court, but this was again referred to the Civil Guard. And it did, but the boat was not moving from there.
march 7, 2016, the court indicated that, given the size of the boat, “it was not possible to move it through the official media”. And he enclosed a budget of € 1050 for the company Miron Climent for this, that yes had the means, they take “a dry dock of public area”. The money had to be paid a such Riepenhausen, the owner of the boat squat. In 2017, tired of sending written sterile, Ludwig filed a complaint to the Ministry of Justice complained that she was still unable to use your point of docking, and asked 50.054 euros for damages caused. The Council of the Judiciary has given the reason: you are not obliged to endure in their mooring a boat of another.
Almost two weeks of nightmare for a false denunciation. Thirteen days in a boxcar prison between Huelva and Madrid. In its complaint to the Ministry of Justice, in which he asks 78.281 euros of compensation, José Ignacio R. C. detailing the ordeal that he lived in April 2017. After being unjustly involved in a case, a court in Huelva realized his innocence and filed. Attributed to the offence of robbery with violence non-existent. The judge even opened proceedings by false report against the person who had been accused.
“I have been 13 days deprived of liberty by a crime that neither existed nor did”, allegedly the victim of a serious mistake judicial
But by strange circumstances, the same court issued weeks after against him an arrest warrant. José Ignacio was arrested in Madrid and taken to the court of guard number 29 in the plaza de Castilla. This decreed his imprisonment and made available to the court of huelva. So count your odyssey to the affected person: “I have been 13 days deprived of liberty by a crime that neither existed nor made. During all that time I was led into a van by several prisons located between Madrid and Huelva, but without reach or a destination, or to another. And all this because the Court 29 I put at the disposal of the Huelva and this he did in favor of Madrid in a spiral incomprehensible that none of them wanted to take charge of me. I could not even contact a lawyer, or this interested me because I neglected what prison he was.” The Judiciary has also ruled in favor of José Ignacio, still waiting for the compensation.
No driving licence for a slip in the judgment. – may 19, 2016, the Civil Guard of Traffic stopped the driver Felipe S. E. when he drove his Ford Transit for Santander. The agents indicated that their database was that I had the card withdrawn in accordance with a judgment of the Criminal Court 2 of Santander. Felipe replied to the agents that there was probably an error in the files, since he had not had any problem with justice.
Even so, the civil guards kept him for an hour on the road, and he cited to a speedy trial 15 days after. Another court already in the judgment, asked for his criminal record and found that actually not consisted of any offence. And we closed the case. But he was 15 days without the use of your car, with resultant damage that caused to your job as a dealer. We also had to pay a lawyer and a public prosecutor to defend. The error was due to the Criminal Court 2 you confused with another driver, and sent erroneous data to the General Directorate of Traffic.
Acquitted, and his new car, mangled
has Also given the reason the Council of the Judiciary, the valencian Antonio B. F., who claimed to the State that will pay 26.331 euros for the damage caused to his car, a Alfa Romeo GT, almost just buy it when it was implicated in a crime against public health. To arrest him, a court of Massamagrell (Valencia) ordered his imprisonment (he served a year) and it checked temporarily the car, which was delivered for use by the Guardia Civil in their fight against drug trafficking. The Provincial court of Valencia he was acquitted years later and ordered that he return the vehicle. “When I went to the Civil Guard for the car, they told me that they would find it. Finally, I found the 18 of June of 2015. His state was pitiable, useless, with significant mechanical defects and body and paint. To fix it cost 9.400 euros. “I could not sell it or second-hand”, describes. By the prison of unjust suffering calls for 74.000 euros and other 26,000) for the damage to your vehicle, which, despite the fact that he was only nine months old when he was seized, he was applying seals almost ten years.
