OBSTRUCTION OF JUSTICE AND PROFESSIONAL DISLOYALTY
Unexcused absence
Article 463 of the Penal Code punishes two types of crimes:
- The most serious, punishable by a prison sentence of 3 to 6 months or a fine of 6 to 24 months, consists of the voluntary failure to appear before a court or tribunal without just cause in a criminal proceeding in which the defendant is in pre-trial detention, causing the suspension of the oral trial.
- The second modality, of lesser gravity, punishes with a fine of 6 to 10 months the person who, having been warned, fails to appear for the second time in a criminal case without a defendant in prison, whether or not he has caused the suspension.
Apart from these cases, failure to appear in court may be subject to administrative or disciplinary sanctions.
If the perpetrator of this crime is a lawyer, attorney or representative of the Public Prosecutor’s Office, acting professionally or in the exercise of his function, the penalty is imposed in its upper half and, in addition, the penalty of special disqualification for public employment or office must be imposed for a period of 2 to 4 years.
On the other hand, if the suspension of the trial occurs as a consequence of the failure of the Judge or the Counsel for the Administration of Justice to appear, the penalty to be imposed will be imprisonment of 3 to 6 months or a fine of 6 to 24 months and, in any case, special disqualification for a period of 2 to 4 years.
Coercion, threats and reprisals against participants in the proceedings
Article 464 of the Penal Code punishes a person who, using violence or intimidation, attempts to directly or indirectly influence the complainant, party or defendant, attorney, procurator, expert witness, interpreter or witness in a proceeding to modify his or her procedural actions. This behavior is punishable by a prison sentence of 1 to 4 years and a fine of 6 to 24 months. If the perpetrator achieves his objective, the penalty is imposed in its upper half.
On the other hand, the aforementioned precept also punishes, with the same penalty, the performance of any act that attempts against life, integrity, freedom, sexual freedom or property, as retaliation against the persons mentioned in the previous paragraph, for their actions in judicial proceedings, without prejudice to the penalty corresponding to the infraction of which the acts performed may be constitutive.
Destruction or concealment of documents or court proceedings
Article 465 of the Penal Code punishes the person who, intervening in a proceeding as attorney or procurator, with abuse of his function, destroys, disables or conceals documents or proceedings of which he has been served. The penalty associated with these acts is imprisonment of 6 months to 2 years, a fine of 7 to 12 months and special disqualification for their profession, employment or public office for 3 to 6 years.
If the acts described above are carried out by a private individual, the penalty is a fine of 3 to 6 months.
Disclosure of proceedings declared secret
The disclosure of proceedings declared secret by the judicial authority by a lawyer or attorney is punishable by a fine of 12 to 24 months and special disqualification from public employment or office for 1 to 4 years.
If such disclosure of proceedings declared secret is made by a Judge, representative of the Public Prosecutor’s Office, Counsel for the Administration of Justice or any official in the service of the Administration of Justice, the penalties provided for in Article 417 in its upper half shall be imposed.
If the conduct is carried out by any other individual involved in the process, the penalty must be imposed in its lower half.
Disloyalty of lawyers and attorneys in relation to their clients
Article 467 punishes the lawyer or attorney who, having advised or taken the defense or representation of any person, without the consent of such person, defends or represents in the same matter a person who has contrary interests. This behavior is punishable by a fine of 6 to 12 months and special disqualification from his profession for 2 to 4 years.
On the other hand, this precept punishes, with a fine of 12 to 24 months and special disqualification from public employment or office for 1 to 4 years, the lawyer or attorney who, by action or omission, manifestly harms the interests entrusted to him.
If the acts are committed with gross negligence, the penalty to be imposed is a fine of 6 to 12 months and special disqualification for his profession from 6 months to 2 years.