ON THE CONTENT OF WRONGFULNESS OF JUDICIAL MISCONDUCT

An approximation to the crimes of judicial misconduct requires reviewing the scale from which illicitness is determined. Traditionally, the question has been debated between objective and subjective theory of misconduct. While the objective theory naively starts from the existence of unequivocal legal precepts, the subjective theory supposes that the law is established through the sole conviction of the judge. Based on an exploration of the elements of a correct judicial decision, the work proposes that misconduct supposes an unjustifiable judicial decision that in turn entails an incorrect subsumption.