Compensation for Gross Negligence Committed By Judicial Police Officers under Palestinian Legislation

الملخص

This study examines the establishment of effective legal mechanisms to protect the dignity and rights of individuals from violation or gross professional misconduct by judicial police officers, whether such violation is intentional or not. The primary objective is to lay the legal foundation for the tortious liability of judicial police officers, explore ways to ensure a fair compensation system to address material and moral damages, and achieve the necessary balance between the state's authority in law enforcement and the protection of individual freedoms and privacy.

This study adopts the descriptive-analytical methodology, achieved by first determining and describing the legal framework governing the function of the Judicial Police Officers. It then proceeds to analyze legislative texts, academic jurisprudence, and judicial precedents to ascertain the eligibility for compensation resulting from gross negligence. Furthermore, it leans toward utilizing a comparative approach in certain rulings with the objective of regulating the standards of personal error. The findings distinguish between two types of liability: the first is personal liability, for which judicial officers are personally responsible; the second is administrative liability, which the State bears based on the concept of " Service-related Fault ".

The study concludes with practical recommendations aimed at enhancing preventive oversight of judicial police actions, extending beyond criminal liability to encompass civil and legal aspects. It also emphasizes the necessity of raising the level of legal competence among judicial police officers through awareness and training programs.