EL PRINCIPIO DE INOCENCIA EN EL PROCEDIMIENTO DISCIPLINARIO A SERVIDORAS Y SERVIDORES JUDICIALES

Abstract

In this article the degree of affectation suffered by the principle of presumption of innocence in the sanctioning administrative procedure against the judicial servants is determined, at the moment in which the Judicial Council valued the proof of charge and defense Irrationally at the time of solving. For this, the study of the disciplinary resolutions was made, in which the violation of the principle of innocence was shown, of the judicial servants based on tests badly valued by the sanctioning authority. From the analysis of this investigation, it was identified that the disciplinary resolutions issued by the Judicial Council would presumably violate this principle, since the Authority to issue a sanction must find sufficient evidence to prove the existence of the disciplinary offense at that time. The presumed innocence is automatically vanished and the same one that maintains an intimate relationship with the evidence, because it is the latter that can distort it.