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Knowingly Rendering An Unjust Judgment



ART. 204

Elements: 
1. That the offender is a judge;
2. That he renders a judgment in the case  submitted to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that the decision is  unjust.

NOTES: 

A judgment is a final consideration and  determination by a court of competent
jurisdiction of the issues submitted to it in an  action or proceeding.

An unjust judgment is one which is contrary  to law, or not supported by the
evidence, or both

An unjust judgment may result from:
1. error (w/ bad faith)
2. ill-will or revenge
3. bribery

There must be evidence that the decision rendered is unjust. It is not presumed.

Knowingly – deliberately or maliciously, conscious and deliberate intent to do an
injustice; (no liability if error in good faith)

Abuse of discretion or mere error of judgment cannot likewise serve as basis
for rendering an unjust judgment in the absence of proof or an allegation of bad
faith (motive or improper consideration).

No liability if mere error in good faith.

There must be evidence that the judgment is unjust for it cannot be presumed.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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