Criminal Procedure Systems & Disciplinary Liability of Judges

Posted on Sep 6, 2024 in Law & Jurisprudence

ITEM 3: Criminal Process and Disciplinary Liability

Criminal Procedure Systems

The criminal procedure system has always been a reactive system of law, designed to address infringements and prevent private revenge. Historically, the church advocated for the protection of individuals through the Inquisition, while the state’s role was to protect society and avenge crimes against both the powerful and the weak.

There are three primary systems of criminal procedure:

  • The indictment system: The injured person drives the process. This system can lead to injustices as not everyone has the resources or ability to pursue legal action.
  • The inquisitorial system: Crime is viewed as affecting society as a whole.
  • The mixed system (or formal accusation): This system combines the best aspects of the inquisitorial and adversarial systems and has been in effect since the nineteenth century.

Adversarial System

The adversarial system originated in ancient Greece and Rome. It is characterized as a private system of criminal justice, focusing on punishing offenses based on punitive claims. In ancient Greece, certain crimes were considered offenses against society, giving rise to the concept of societal rights distinct from the victim’s rights. All citizens became potential prosecutors, necessitating the role of a trained prosecutor to initiate and manage the trial process.

Basic Principles of the Adversarial System:

  • All citizens have the right to know the process.
  • An entity separate from the court or judge must maintain the prosecution.
  • The judge acts as a neutral referee, overseeing the process without direct intervention.
  • Judgment is rendered by a popular assembly (jury) rather than a professional judge, with no appeals allowed.
  • The accused remains free until an accusatory statement is made, upholding the presumption of innocence.
  • Absolute equality exists between the adversarial parties (prosecution and defense).
  • The jury’s decision must be based solely on the facts presented during the trial, ensuring respect for equality and citizen rights. However, this can lead to unfair outcomes due to inherent inequalities among citizens.

In Rome, the adversarial system’s limitations in maintaining order and safety became apparent, as many crimes went unpunished due to lack of resources or initiative. Reforms were implemented, allowing authorities to prosecute certain crimes ex officio, even without a private accusation. This transformation paved the way for the development of the inquisitorial system.

Continued Item 2 (1): Disciplinary Liability

Judges hold significant power and authority but are also subject to administrative oversight by the Supreme Judicial Council. They have a dual obligation: as citizens, they must obey the law, and as judges, they must enforce it. Breaches of duty by judges may not constitute civil or criminal liability, but they are subject to disciplinary action. The power to impose disciplinary sanctions rests with the judiciary’s own organs, specifically the General Council of the Judiciary, with appeals possible to the contentious administrative order of the Supreme Court.

Judges may commit various types of misconduct, each with corresponding disciplinary sanctions:

Very Serious Offenses:

  • Willful disregard of the Constitution.
  • Providing advice, influence, or pressure to another judge.
  • Revealing confidential information acquired during official duties, causing prejudice.
  • Abusing their position for favorable treatment.

Penalties for very serious offenses may include removal from the court, transfer to a different court, or suspension for 1 to 2 years.

Serious Offenses:

  • Making recommendations to another court.
  • Directing praise or criticism towards authorities, officials, etc.
  • Criticizing or mistreating another judge in their rulings.

Misdemeanors:

  • Lack of professionalism.
  • Disrespect towards police, witnesses, lawyers, prosecutors, experts, etc.

Sanctions for misdemeanors may include a warning or a fine. Judges can be suspended during disciplinary proceedings, which should not exceed 6 months. Criminal, civil, and disciplinary actions can be pursued concurrently. For example, if a judge coerces another judge, this constitutes a crime and can lead to both criminal and disciplinary proceedings.