Civil Liability of Penal Institutions: A Comparative Study

Abstract

Abstract: The civil liability of penal institutions is based on compensating for the damage caused by the breach of their employees with their legal obligations, and then the tort liability rises by obliging the penal institutions to compensate for the illegal act issued by their employees, and after completing the procedures for filing a civil lawsuit from the victim of the penal institutions and after proving the illegal act that caused damage to the plaintiff by the defendant, and the elements of tort liability of error, damage and causal link And provide the element of infringement and perception, lawsuits are filed before the competent courts in such disputes, which are the courts of first instance, and the courts that consider them discriminatory are the courts of appeal, and when the damage is proven due to the deliberate error of workers in penal institutions, and there may be an agreement between the damage and the person responsible for the damage to estimate compensation and is called compensation agreement occurs between the parties without the judge having a say in the amount of compensation, and the estimate of compensation may fall on the discretion of the judge  It is then called judicial discretion .