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JUDICIAL ACCOUNTABILITY

This detailed guide explores the civil, criminal, and disciplinary liability of Spanish judges, covering legal procedures, sanctions for misconduct, and the intersection of criminal and disciplinary processes. Learn about the responsibilities and consequences of judicial actions.

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JUDICIAL ACCOUNTABILITY

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

  2. 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.

  3. CRIMINAL LIABILITY • Spanish judges are criminallyliable for any crime committed in the fulfillment of their judicial function. • Criminal prosecutionagainst a judgecould be started by: • privatecitizens (evenifthey are not the victim of the crime) • Public Prosecutor • CGPJ • Ex officio: Court of Appeal, Supreme Court • Competentcourt for Judgment: Criminal Chamber TSJ, Criminal Chamber Supreme Court.

  4. DISCIPLINARY LIABILITY Articles 417 to 419 LOPJ. • Refers to violation of ethical or professionalduties. • Threecategoriesinfringments: • Pettyoffences. • Seriousoffences. • VerySeriousoffences.

  5. 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.

  6. DISCIPLINARY LIABILITY: IMPOSTION OF SANCTIONS *Warningsanctions: President of Supreme Court, President of High National Court, President of Superior Court of Justice (for judges and seniorjudgeswho are belowthem) *Fine and warning: Boards of Governance of Superior Courts, Supreme Court. *Veryseriousoffences: Plenaryof the Council General of Judiciary followingproposalDisciplinaryCommission.

  7. Disciplinary and criminal liability • Sometimesfactscould be seen as criminal acts and disciplinaryacts: maliciousdelay of renderingjustice or judicial malfeasance. • In those cases: bothprocedures (criminal and disciplinary) can start at the same time. • Disciplinary procedure should stayuntiljudgment by criminal court is held. • Ifjudge is convicted in criminal process: no disciplinarysanction is given.

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