Pedro Sánchez has filed a complaint for judicial prevarication against Judge Juan Carlos Peinado to defend “the institution he represents,” according to his defense.
- What does this crime consist of and what implications does it have?
What isThe complaint filed by the State Attorney’s Office refers to the “alleged commission of a crime of judicial prevarication” by Judge Peinado.
- It refers to the “criminal conduct of a judge or magistrate that dictates an unjust sentence or resolutionor refuses to judge, knowingly, due to gross negligence or inexcusable ignorance”, as defined by the dictionary of legal terms of the RAE.
How is it regulated?. Judicial prevarication is contemplated in Article 446 of the Penal Code, which establishes the punishments for this crime when it is committed “knowingly”:
- A judge who commits such an offence could face fines of six to 24 months, disqualification from holding office for a period of ten to twenty years or a prison sentence of one to four years, depending on the seriousness of the offence.
What types are there? The law also imposes other penalties depending on the will of the accused.
- If it was committed due to “gross negligence or inexcusable ignorance” of the judge, the penalty would be disqualification from two to six years (article 447).
- If the judge refused to try without giving a legal reason, the punishment would be disqualification from six months to four years (Article 448).
Fuentes
Dictionary of legal terms of the RAE
Penal Code