It can be stated that in a generic way, the patrimonial responsibility of the State arising from the jurisdictional activity identified in the so-called judicial errors, emanates from the acts that those in charge of the administration of justice can cause as a consequence of an improper resolution, when carrying out any criminal process against a person whose innocence is subsequently proven, declaring the sentence acquittal.

In Mexico, the lack of specific regulation in this regard produces a condition of uncertainty for people, who after submitting to the criminal justice system and ultimately issuing a resolution declaring their innocence, do not have the legal recourse to claim payment of the damages and losses that were caused to them by said judicial error, due to the lack of legislation that contains the procedure to determine the corresponding compensation, for this reason the victims of said mistakes are left in a total state of defenselessness and in flagrante violation of their human rights.

The Mexican State is responsible for guaranteeing all human rights enshrined in its General Constitution and in the International Human Rights Treaties that it has signed and ratified. The lack of guarantee of these rights implies their potential violation, which is why they must be regulated.

It is urgent that Mexico locate through comparative law, analyzing the legislation that exists on the matter in the legal systems of the countries that contain the patrimonial responsibility of the State for judicial error, as well as in the various forums that on this matter are held in congresses and conventions worldwide, the necessary foundations so that it can quickly assume an internal and coherent proposal regarding said institution, which allows it to initially achieve a correct attitude towards its natives and then, towards the different nations of the international community. It must be taken into account that without justice there is no peace and without peace there is no freedom.

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