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January 6, 2022
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What Lawyers Must Know to Be an Anti-Corruption Judge

What Lawyers Must Know to Be an Anti-Corruption Judge

The Judiciary approved the regulations for the Competition for anti-corruption and organized crime judges. Attorneys with irreproachable track record are required.

The Council of the Judiciary approved the regulations for the Competition opposition and merits of judges who will be in charge of cases of corruption and organized crime. The document has 50 articles, four general provisions, two transitory provisions and two final ones.

The objective of regulation is to regulate the procedure for the selection and appointment of judges that will integrate these judicial dependencies. This figure of judges It was born after in December 2020, the Legislature approved the reforms to the Organic Code of the Judicial Function (COFJ).

There, the creation of district units, courts and criminal chambers specialized in corruption and organized crime. This is in response to the growing operation of criminal gangs and corruption schemes in the country.

Here are the 8 things to know about the contest.

1.- Who is it aimed at?

Law professionals “with a solid academic background” are sought. The judiciary Council emphasized the need for applicants to have an ethically irreproachable personal trajectory, dedicated to the service of justice, with a vocation for public service.

2.- The magnifying glass will be placed on the contestants

The Judiciary indicated that applicants must be independent, free from any outside influence, instigations, pressure, threats or interference, whether direct or indirect, from any source or for any reason. In addition, they must be impartial to perform their duties without favoritism, predisposition or prejudice, which must be expressly indicated in the respective affidavit.

3.- Stages of the contest.

Article 16 of the Regulation indicates which will be the six phases of the competition.

  1. Announcement;
  2. Postulation;
  3. Merits;
  4. Psychological test;
  5. Opposition; and,
  6. Citizen Challenge and Social Control.

4.- How will the rating be?

It will be over 100 points. To obtain them, 50 points will be given for merits and another 50 for opposition. In the latter case (opposition), there will be a theoretical evaluation of 20 points and a practical test of 30.

Applicants, to continue to the opposition phase, must obtain in the merits phase the minimum score of 30 points out of 50.

5.- Process

The call has not yet been made. The CJ informed that the extract of the call will be published in the Official Registry and will be shared through the media, website and institutional social networks. The counselor Fausto Murillo told La Hora that first an instruction will be carried out and then the call. “We hope we can do it this month.”

6.- Application:

A technological platform will be enabled that will be on the page: www.funcionjudicial.gob.ec. To complete the application, the interested parties will also deliver, through the windows of the Judicial Council, a CD-ROM containing an identical digital backup of the documentation uploaded to the technological platform of the contest, in PDF format.

7.- The documents to be taken into account are:

1.- Updated résumé in which the public positions held, the professional practice, the chairs given during teaching in jurisprudence schools and additional studies in legal sciences are mentioned;

2.- Valid citizenship card in color (front and back);

3.- Voting certificate of the last electoral process or that certifies the payment of the fine.

4.- Third level degree registration certificate issued by SENESCYT.

5.- Certificate of labor history from the Ecuadorian Institute of Social Security and / or Unique Registry of Taxpayers (RUC).

6.- Certificate of compliance with tax obligations issued by the SRI, updated on the application date;

7.- Certificate of not having been sanctioned in the suspension of professional or disciplinary practice by the Council of the Judiciary in the last five years.

8.-Affidavit, before a notary public.

9.- Upload to the technological platform the authorization for the lifting of banking secrecy in a format established by the Council of the Judiciary that will appear on the website.

10.Certificate issued by the State Comptroller General of not having firm administrative, civil or indications of criminal responsibility.

8.- A psychological test will be applied

At Regulation The objective of the psychological test is established will be to determine that the applicants do not present psychopathological pictures or phobias, traumas, complexes or any psychological alteration that could prevent them from fully fulfilling their functions. The results will be confidential and will be delivered only to each applicant. While publicly, on the other hand, the qualification of suitable or not suitable will be assigned. And so it will be known who continues in the process.

The competition It occurs amid criticism of the Council of the Judiciary for having removed, in 2019, to national judges who did not pass an evaluation. (DPV)

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