The Constitutional Court ruled that the limitation of the immunity of judges when they commit acts of passive corruption and traffic of influence as well as administrative offenses is constitutional. It pronounced on the issue following a challenge filed by the Supreme Court of Justice, IPN reports.
In a communiqué, the Constitutional Court says that the independence of judges is an obligatory condition for the existence of the rule of law and a fundamental guarantee for a fair trial. The independence of judges does not spare them of responsibilities. The empowerment of the prosecutor general with the right to bring legal proceedings against a judge, without the consent of the Supreme Council of Magistrates, is justified by the particularities of the investigation of acts of corruption that require swiftness and confidentiality in the prosecution.
The Court accepted the Parliament’s argument that the law was adopted with the aim of combating corruption in justice and of increasing the people’s trust in the legal system.
Last July, Parliament passed a law providing that the consent of the Supreme Council of Magistrates for starting criminal cases against judges suspected of acts of corruption is no longer necessary.
