If my case was retried and a judge ruled in my favour, may I claim damages to the judge who aggrieved me with a previous ruling against me?
Judges have long tried to avoid responsibility for their mistakes by claiming that the course of appeal to wrong rulings acts as fair remedy for grievances, but judges –just like other citizens– must answer for the harm they cause, even if a later ruling amends such harm through retrial or appeal to the Supreme Court. If the final judgement states that there was conscious breach of the duty of fidelity to the Constitution, the judge who caused such breach shall be held accountable for disciplinary liability and charged with serious malpractice –article 417.1 Ley Orgánica del Poder Judicial–. If any harm was caused by such malpractice, either maliciously or through serious negligence, this will constitute a clear breach of the law, and the judge may be charged with civil liability –article 411 LOPJ–. Lastly, if the ruling was clearly unfair as a result of serious misdemeanour, or if an unjust ruling was issued maliciously and knowingly, the due course of action shall be criminal process
