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JUDICIAL ACCOUNTABILITY

JUDICIAL ACCOUNTABILITY. CIVIL LIABILITY CRIMINAL LIABLITY 3. DISCIPLINARY LIABILITY. CIVIL LIABILITY. Article 411 to 413 LOPJ. For damages caused in the perfomance of their duties. Presuposes malice (dolo)

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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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