Knowingly Rendering An Unjust Judgment
On Criminal Law
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.