JUDICIAL ACCOUNTABILITY 1.CIVIL LIABILITY 2.CRIMINAL LIABLITY 3. DISCIPLINARY LIABILITY.

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Presentation transcript:

JUDICIAL ACCOUNTABILITY 1.CIVIL LIABILITY 2.CRIMINAL LIABLITY 3. DISCIPLINARY LIABILITY

CIVIL LIABILITY Article 411 to 413 LOPJ. For damages caused in the perfomance of their duties. Presuposes malice (dolo) Civil action against judge: only once the proceeding where the dammage ocurred is definitively finished.

CRIMINAL LIABILITY Spanish judges are criminally liable for any crime committed in the fulfillment of their judicial function. Criminal prosecution against a judge could be started by: -private citizens (even if they are not the victim of the crime) -Public Prosecutor -CGPJ -Ex officio: Court of Appeal, Supreme Court -Competent court for Judgment: Criminal Chamber TSJ, Criminal Chamber Supreme Court.

DISCIPLINARY LIABILITY Articles 417 to 419 LOPJ. Refers to violation of ethical or professional duties. Three categories infringments: Petty offences. Serious offences. Very Serious offences.

DISCIPLINARY LIABILITY Each category of offences implies a different sanction: Petty offences: warning or fine (warning and fine) Serious offences: fine up to 6000 Euros Very serious offences: removal from judicial office or dismissal from the Judiciary. It is by large, the most frequent form of judicial accountability.

DISCIPLINARY LIABILITY: IMPOSTION OF SANCTIONS *Warning sanctions: President of Supreme Court, President of High National Court, President of Superior Court of Justice (for judges and senior judges who are below them) *Fine and warning: Boards of Governance of Superior Courts, Supreme Court. *Very serious offences: Plenary of the Council General of Judiciary following proposal Disciplinary Commission.

Disciplinary and criminal liability Sometimes facts could be seen as criminal acts and disciplinary acts: malicious delay of rendering justice or judicial malfeasance. In those cases: both procedures (criminal and disciplinary) can start at the same time. Disciplinary procedure should stay until judgment by criminal court is held. If judge is convicted in criminal process: no disciplinary sanction is given.