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MISCARRIAGES OF JUSTICE IN CATALONIA |
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“Prevaricación” in Spanish is usually translated as “Obstruction of justice”, however that is broader than what we are discussing in this web site. The type of “Obstruction of justice” we are discussing is when a judge dictates an unjust sentence or resolution, either on purpose or by negligence. This is punished severely under Spanish law, and the prescription period is ten or twenty years. This means that if the current government doesn't have the courage to act against some judges who obstruct justice, the next government might, or the next one, or the next one. A judge could end up with a disgraced retirement, like Juan Poch, or in jail, like Luis Pascual Estevill. With all these negatives associated with obstruction of justice, it is surprising that a judge would think to do it. But due to the current lack of judicial discipline, the pervasive opinion is that nothing will happen to the transgressors anyway. This isn't to say that everything bad which a judge can do is obstruction of justice. Legitimate errors do occur, and the law has provisions for correcting them when they do. This normally happens in a correct and transparent manner. What type of resolution is obstruction of justice? It is a resolution so flagrantly illegal that it shows its lack of rationality and shows its arbitrariness. According to the law, ALL judicial resolutions must be rationalized. This means that judges have to explain how they arrived at their decisions, how they evaluated the evidence, which articles in the law were applied, etc, in the resolutions. When a judge doesn't explain a resolution, the resolution shows its arbitrariness. When also the resolution is flagrantly illegal, it constitutes the conditions in the law and in the jurisprudence for obstruction of justice. You can find many examples of arbitrary and flagrantly illegal resolutions in this web site.
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