Last November, this Court admitted for processing the judge’s complaint against the lawyer for a possible crime of slanders or insults after he described the magistrate’s attitude as “prevaricating” and accused him of “absolute lack of bias” in a chat that he shares with more than a hundred journalists and about which the judge ordered certain inquiries to be made.
The examining magistrate took statement for this matter the lawyer Carlos Aránguez, who was summoned as investigated, and magistrate Manuel Piñar as complainant, although the latter later expanded his complaint for false accusation.
The facts reported “do not constitute a crime”
In an order dated at the end of April, and against which it is possible to appealOn the one hand, the court has rejected the extension of the investigative period requested by Judge Piñar and understands that the proceedings carried out so far “are more than sufficient” to resolve this matter. On the other hand, it decrees the free dismissal of the proceedings on the grounds that the facts denounced “do not constitute a crime.”
Among other issues, the judge denounced that Juana Rivas’ lawyer acted with “malicious imagination” to try to discredit him when she publicly criticized that the sentence in the case – in which she was sentenced to five years in prison for child abduction – had been handed down “in seven hours” since it was dated the same day the trial was held.
Judge Piñar clarified in court that “although the heading of the sentence indicates July 18, 2018 as the date of its issuance, it is an error, having worked on a draft of the same omitting correct date in which it was actually issued”, which was July 27, 2018, the date on which the parties were notified. The Court warns that this error did not have to be known by Juana Rivas’s lawyer when he criticized the work of the judge , given that he appeared in the case long after the sentence was handed down and since “there is no record that the court proceeded to rectify” the date of the resolution.
The General Council of the Judiciary (CGPJ) agreed at the end of March to open a disciplinary file to judge Manuel Piñar due to a possible “very serious lack” of “inexcusable ignorance” in the fulfillment of judicial duties or a possible “serious lack” of “lack of consideration for citizens” for messages and content disseminated on their social networks. The matter has been denounced by the lawyer Carlos Aránguez for alleged crimes of libel, slander and hate before the Investigating Court 8 of Granada, which has filed it, although the Prosecutor’s Office has appealed this decision.
2023-05-04 10:22:22
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