Preamble

PUBLIC MINISTRY Article 1089 – When Judges and Law Officers are liable for losses and damages - The judges and Public Ministry are liable to pay compensation and damages: 1) When they have been convicted for the offence of bribery extortion, or official misconduct; 2) In the cases of deceitfulness; 3) When the law impose on them expressly such liability; 4) When there is denial of justice. If the denial of justice contains requisites necessary to constitute criminal offence, what is provided in article 1099 shall be follow. See also Article 156 of this Code. Articles 1089 – 1099 – Suits for compensation against judges. oIs totally unknown in our legal system. Article 1090 – Competent court - The suit shall be instituted within judicial division in which the court was functioning and the judge was exercising his functions at the time when there was occurrence of the event which is the ground for the prayer.

Article 1091 – Hearing of the officer - After the receipt of the plaint, the file shall be sent

through registered post to the offender judge, in order that he may, within 20 days, give his say on the prayer made and the grounds producing the documents which he deems fit. If the defendant resides in the seat of the court, the file shall be handed over to him by the clerk of the court. After the lapse of the 20 days, from the date of the receipt of the file, the offender shall remit by the same route with or without reply, or hand it over to the office. In the event he does not remit the file or delivers it, the plaintiff may file fresh plaint in the same manner and suit shall be decided against the judge. Article 1092 – Order on admission - Once the file is received it, shall be decided whether the petition should be admitted. If the case falls within the jurisdiction of Judicial division court the decision shall be passed within 15 days.

When it falls within the jurisdiction of High Court or Supreme Court, the file shall be remitted to the respective judges for their say being 7 days for each, concluding with the Assignee judge and then case shall be decided. If the judge or the court does not admit the suit, the applicant shall be directed to pay fine and pay damages if it is found that he acted with deceit. Article 1093 – Appeal from Order - Appeal from order lies from the decision which admits the suit or rejects the same. Article 1094 – Contest and further steps - Once the suit is admitted, the defendant shall be summoned to contest and thereafter the steps of ordinary proceedings shall be followed. The Assignee judge shall exercise up to the judgment all the functions which are within the jurisdiction of the trial court, however, what is provided in sole Paragraph of article 700 shall apply. Article 1095 – Arguments and Judgment - In the High Court or in the Supreme Court, when the file is ready for final judgment, it shall be submitted to the judges of the respective section in accordance with article 1092, and thereafter the discussion and the judgment shall be delivered in open court. In the discussion and judgment before the full court the provision of articles 651 to 656, shall apply, with exception of those which presuppose separation between decision on facts and decision on the point of law. After the conclusion of discussion the court assemble at the conference hall to deliver the respective collective judgment. The president shall have casting vote. Article 1096 – Appeal from final judgment - From the judgment of the High Court which takes cognizance in the first instance the object to the suit, appeal from final judgment shall lie to the Supreme Court. Such appeal shall be filed, processed and decided as appeal. The Supreme Court may change the decision on facts only in exceptional cases foreseen in article 712.

Article 1097 – Court competent for execution - If the defendant is directed to pay certain

amount, the execution shall take place in the same file before the court of judicial division of the domicile of the opponent of the execution or before the nearest division if he is the acting judge. Article 1098 – Exemption of decision on admission - If once a judgment becomes final for want of appeal having reserved suit for the compensation for damages referred to in this chapter, there is no need to have prior decision as referred to in article 1092, and the defendant shall be summoned to contest. Article 1099 – Compensation for criminal conduct - When the compensation was necessary consequence, of the fact which gave rise to initiate criminal action, in the matter of civil wrong, the provisions of Criminal Procedure Code shall be followed.