03 · State & society
Offenses against effective judicial protection
Defense of guarantees and due process within the justice system.
The area
Protection of due process and judicial protection
Offenses affecting effective judicial protection compromise the proper functioning of the justice system and the guarantees of individuals within the proceeding. Their analysis requires a deep knowledge of criminal procedure.
At TREU Abogados we intervene to protect our clients’ rights and guarantees, providing defense and representation with strict adherence to due process.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against effective judicial protection, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Judicial misconduct (prevarication)
When a judge, arbitrator, or prosecutor rules or acts against the express terms of the law to the detriment of one of the parties, or hears a case in which they previously represented one of the parties. A lawyer also commits it by revealing a client's secrets to the opposing party or abandoning the client to represent the other side.
Penalty: 7 to 10 years in prison for judges, arbitrators, and prosecutors (10 to 13 in aggravated cases, such as benefiting organized crime); 1 to 3 years for lawyers.
Arts. 268 and 269 COIP
Perjury and false testimony
Lying to an authority when testifying, confessing, reporting, or translating: under oath it is perjury, and without an oath it is false testimony. Knowingly lying in sworn asset declarations before a notary is also perjury. It does not apply to statements made by the suspect or defendant themselves.
Penalty: perjury, 3 to 5 years in prison (7 to 10 in a criminal case); false testimony, 1 to 3 years (5 to 7 in a criminal case).
Art. 270 COIP
Obstruction of justice
Using force, threats, intimidation, or the promise of a benefit, in any judicial proceeding, to prevent someone from testifying or presenting evidence, to induce someone to give false testimony, or to unlawfully interfere with the work of judges and prosecutors.
Penalty: 5 to 7 years in prison and a fine of 24 to 40 basic salaries; 7 years if it takes advantage of a declared emergency or state of exception.
Art. 270.1 COIP
Malicious prosecution (false complaint)
Filing a criminal complaint or accusation whose facts are not proven and which a judge expressly declares malicious. It is not enough for the complaint to fail: that court declaration is required.
Penalty: 6 months to 1 year in prison.
Art. 271 COIP
Procedural fraud
Using any fraudulent means to deceive a public official or arbitrator in order to obtain a judgment, ruling, or act contrary to law, for example by passing off a femicide as an accident or suicide. Hiding someone who committed a crime, or concealing or altering the evidence to keep them from being punished, is also punished.
Penalty: 3 to 5 years in prison and a 5 to 8 year ban from public functions; 5 to 8 years in prison for hiding the offender or the evidence of a crime.
Art. 272 COIP
Escape from custody
Allowing, by action or omission, a person deprived of liberty to escape from a prison, a juvenile detention center, or during a transfer. A detained or convicted person who escapes also commits a crime.
Penalty: 1 to 3 years in prison; 3 to 5 if a public official allows it, and 6 months to 1 year if due to negligence. The person who escapes: 1 to 3 years.
Art. 274 COIP
Failure to report a crime
A crime committed by a public official who, through their position, learns of an event that could be a criminal offense and does not immediately report it to the authorities.
Penalty: 6 months to 2 years in prison, plus a ban on practicing their profession or trade, after serving the sentence, for a period equal to the sentence imposed.
Art. 277 COIP
Frequently asked questions
What clients usually ask us
What does effective judicial protection comprise?
It is the right to access justice and to have the proceeding conducted with respect for the guarantees recognized by the Constitution and the law.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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