Categories: Opinion

Criminal justice, independence and pediodicazos

Administration of Justice is attached state body it is postulated, on the level State Constitution (Art. 210) as an independent body, which means that this independence is real and apparent and that it is expressed or glimpsed through the decisions made, throughout the national geography, by judges and judges who recognize themselves as authentically independent.

Constitution and law They are therefore the supreme heads of all the judges and magistrates of the nation. Only them, that is Constitution and law, it is that they must be responsible and should adapt their jurisdictional declarations to them alone. The prayer or creed that our judges and magistrates, daily, must be constitutional religion and legal religion. No more faith.

Independence of judges and misdemeanor judges It is not only of a formal character, insofar as they keep their distance from the other two state bodies. However, this independence should be materialized in concrete acts that reflect and indicate the flavor of effective justice in the content of punishments. There are countless cases in which judges and magistrates have to resolve issues that affect or affect the lives of citizens before the other two bodies of the state, i.e. Executive and legislative powerbut this independence has no importance, no transcendence or social influence if there is no vtrue independence of criteria, independence of thoughtindependence of objective legal opinions at the time of sentencing or sentencing.

In recent years, in Panama, There were not a few or sporadic cases that slavishly adhered to or obeyed the so-called “periodicazos”, understanding by periodicazo the blow or tanganazo that the written media inflicts on the citizen before their eyes public opinion.

“Periodicazo” that has the power to influence and exert pressure among prosecutors, judges and magistrates and it insinuates that the tone of the news or information content is truthful. Without diminishing the serious social disease caused in the person affected disclosure within society. Honor, dignity, integrity, seriousness, honour, are, among other things, moral and legal rights, issues that are seen treaded with “periodicazos”.

Prosecutors and judges who are not independent either have no idea of ​​what this independence means, or simply have not become aware of its importance or care little, which is why they do not take a position aimed at looking at and discovering the truth or falsity of the data collected in the alleged news. On the contrary, they allow themselves to be guided by the wrong premise, which is that if the newspaper it is revealed because what is revealed is true.

But they forget that the news media, mainly because of this, when they want to do harm, have made the main stage, ring or stand of their fights out of alarm, false information. the dignity and honor of a human being, either male or female, “periodicazo”.“The impetus for that scenario is the ungrateful, media, executed criminal justice, and where is it judge or prosecutor they also allow themselves to be motivated in their actions by a false respect for newspapers, which is deep down a fear of “big newspapers”.

When this happens, it turns out that the decisions emanating from the courts are inherent, as an apparent justification, that they were the product of terrible “periotics” and that the process or trial was encouraged without respect for the state of innocence, less than due process of law and neither. dignity of citizens.

We refer this constructive criticism to judges and prosecutors. Citizens, and especially the union of court experts, must express to judges and prosecutors, magistrates for misdemeanors that it is important that they take the positions of the truth judicial, psychological, moral, political, legal, spiritual, and that serious and honest lawyers in the country will support the administration of justice when their sentences and decisions are reasoned and the finished product correct assessment of evidence, substantive analysis of the casebut, above all, to make it very clear that anything that can replace or replace the correct administration of criminal, civil, labor, administrative justice, etc., in our territory cannot possibly be a “magazine”.

yes neither newspapers or politics may impose fines or penalties against citizens. That the principles that promote criminal law and the criminal process as objective and independent justice rule.

what if he the judge does not have complete proof, do not judge; that if the evidence is weak, not to convict, and if there is no evidence for anything, to acquit. If the evidence is complete and beyond doubt, then let there be convictions. Prosecutors too, don’t accuse if you don’t have evidence. That is irresponsible. God bless the country!

Source: Panama America

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