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For some fifty years, the State has, in principle, been financially liable for miscarriages of justice committed by either the civil or the criminal courts. This was undeniably a sign of progress, but today there remains a strict framework to the recognition of liability. Basically, parliament has considered that relaxing the conditions for recognising liability would risk weakening the authority of the justice system. This raises the question of the need to reflect on the current balance of positive law.