La impartiality is a principle fundamental of right procedural that guarantees a fair trial and equitable. It refers to the legal obligation of the judge to stay neutral and independent throughout the proceedings, without favoring any of the parties involved. In essence, the impartiality requires the judge to act as a third alien to the conflict, making objective decisions based solely on the law and in the evidence presented.
Importance of Impartiality:
La impartiality judicial is crucial to ensure the confidence. at the work de Justice. An impartial judge guarantees that:
- Decisions are based on the law and the evidence: The judge is not influenced by his personal opinions, prejudices or interests, ensuring that the failure fits to right.
- All parts are treated with footing: All parties are guaranteed equal opportunities to be heard and present their arguments.
- Protect yourself derechos fundamental: La impartiality of the judge is essential to protect the derechos fundamentals of people, such as the right to defenseIn the presumption of innocence and a fair trial.
components of the Impartiality:
La impartiality It consists of two fundamental elements:
- Independence : The judge must be independent of any external influence, whether from the power political, economic or any other kind.
- Objectivity: The judge must be objective when evaluating the evidence and arguments, without being biased. carry because of their own beliefs or preferences.
La objectivity It is an essential component of the impartiality. An objective judge analyzes the acts and the tests in a manner neutral, without being influenced by their emotions or prejudices. impartiality, on the other hand, goes beyond the objectivity, demanding that the judge not only be neutral in its analysis, but also to refrain from any action that I can put in duda su impartiality.
Impartiality vs. Bias:
La impartiality is opposed to the biasA biased judge is one who favors one of the parties, whether out of friendship, interest personal or any other reason. The bias undermines the confidence. at the work judicial and can carry to unfair decisions.
Guarantees of the Impartiality:
To ensure the impartiality judicial, there are various mechanisms:
- Separation of powers: el power The judiciary must be independent of the power executive y legislativo.
- Incompatibilities and prohibitions: Judges are prohibited exercise certain activities that may compromise su impartiality.
- challenge and abstention: The parties may request the recusal of a judge if they consider that he or she is not impartial. The judge may also abstain from hearing a case /// if you have a conflict de interest.
La Impartiality at the System Legal Dominican:
La Constitution of the Republic Dominican consecrates the right to a fair and impartial trial. The Code Procedural Criminal law establishes the causes of recusal and abstention of the judges, and the Council of the The ability to The Judicial Branch is responsible for ensuring the independence e impartiality of the judges.
