CAN THE JUDGE INCORPORATE EX OFFICIO INFORMATION FROM THE INTERNET AND SOCIAL NETWORKS ON THE FACTS OF THE CASE? - Bufet Casanovas
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CAN THE JUDGE INCORPORATE EX OFFICIO INFORMATION FROM THE INTERNET AND SOCIAL NETWORKS ON THE FACTS OF THE CASE?

08 Feb CAN THE JUDGE INCORPORATE EX OFFICIO INFORMATION FROM THE INTERNET AND SOCIAL NETWORKS ON THE FACTS OF THE CASE?

Posted at 10:21h in Bufet Casanovas by

In the forensic practice of the so-called digital era, it should be noted that, following the pronouncement of the Judicial Ethics Commission in its opinions (consultation 1/19) of April 8, 2019 and Consultation 7/19 of June 5, 2019, the judges should stick to the facts and evidence that have been practiced in the judicial proceedings, avoiding building their conviction through information that could be known outside of what was effectively prosecuted, without having been introduced by any of the parties.

The first of the cited opinions begins with the following tenor: “judges must be especially diligent and careful to avoid that information that may reach them through the internet or social networks about the parties, the lawyers or the facts that are the object of the process may alter the impartial position that they must adopt in their judgment”.

Based on the aforementioned rulings, it is evident that the fact of incorporating such information coming from the internet or social networks, contravenes the values consisting of Judicial Independence, such as, among others, Impartiality, Integrity, Correctness, Equality, together with Competence and Diligence; all of them collected from the Bangalore Principles.  Likewise, such incorporation also contravenes the rule “quod non est in actis, respectu judicis non sit in mundo”, included, among others, in the pronouncement of the Supreme Court contained in its judgments Roj: STS 7939/2006 – ECLI: ES:TS:2006:7939 and Roj: STS 7939/2006 – ECLI: ES:TS:2006:7939.

By way of conclusion, it should be noted that the information obtained ex officio by the judge on the Internet, either from the parties, their lawyers or the subject matter of the litigation, could violate the Principle of Independence, since it could lead to conclusions or convictions different from those that would have been reached if the judge had refrained from searching for additional information on the Internet.

 

#internet #redessociales #independenciajudicial #bangalore #ética

 

Eloy Córdoba Sánchez