Judicial error as a cause for disciplinary sanction: reflections of the 2012-2016 bribery case.

  • Paúl Alejandro Centeno Maldonado Universidad Regional Autónoma de Los Andes
  • Brandon Paul Adriano Caiza Universidad Regional Autónoma de Los Andes
  • María José Vásconez Puyol Universidad Regional Autónoma de Los Andes
  • Mesías Elías Machado Maliza Universidad Regional Autónoma de Los Andes
Keywords: error, sanction, bribery, judicial, disciplinary

Abstract

Ecuadorian legislation recognizes judicial error as that equivocal provision by a judge in the issuance of a sentence, which generates detriment to the person sanctioned by that judicial decision, and before such decision, the State will have full responsibility. In this way, the present research aims to develop the disciplinary sanctions that are caused by incurring a judicial error, linking the work to a practical case of national relevance. For the research, analytical, historical-logical, systematic, descriptive and dialectical methods were used, which helped to determine that once the causes of judicial error have been analyzed, within the case analyzed, it can be evidenced that such an error exists, and consequently, disciplinary sanctions may apply.

Published
2021-10-01