Responsabilidad patrimonial y extracontractual del Estado por delitos cometidos por personas privadas de la libertad que se encuentran en instituciones penitenciarias, carcelarias o en prisión domiciliaria y reclusos que tienen permisos de salida vigilada y controlada

Abstract

According to the same title of this research, that is, patrimonial and extra-contractual responsibility of the State, the objective of this monograph is to understand or develop the nature of the relationship in which persons deprived of liberty (PDL) find themselves with the State, so that, from there, it can be concluded whether or not there is a possibility that this type of responsibility may be entrusted to the State, when a PDL, whether it is preventively detained for the possible commission of a crime or convicted of a punishable act, they also decide to continue committing crimes, by themselves or through another person, against a third party located outside the prison. Thus, for example, through the use of cell phones that are illegally inserted into the prison or when the PDL is not in the prison but in house arrest or under the figure of a state of freedom due to a supervised exit permit. and / or controlled; even in the case of a massive release, for example, like the one experienced recently, due to the Covid-19 virus pandemic.

Therefore, we will begin by making a brief account of what is the tort liability of the State, to later analyze certain judgments of the Council of State that may be relevant to answer the question of this investigative work and, finally, extract from them elements that can be used to determine whether, in effect, it is possible to ascribe to the State non-contractual patrimonial responsibility when a PDL commits crimes while under its surveillance and control. The same as establishing whether it can be applied to other areas outside of penitentiary and jail institutions, for example, in the case that the individual has house arrest or is on conditional freedom or enjoying benefits such as special permits.