Concept in Definition ABC

Rejection or non-admission of a topic or something

The word challenge is used in our language to designate the rejection or non-admission of a topic or something. This reference in terms of the general use of the term, that is, it can be used in any circumstance or area that you want to indicate that that we mentioned, however, we must say that it is in the judicial sphere where there is an extended and current use of the word that we occupies.

Judicial remedy that legitimately prevents a magistrate or expert from acting in a proceeding because they are considered impartial a priori

In the right The challenge consists of an appeal that is normally promoted by a defense lawyer, the complaint of a judicialized case to prevent in a way legitimate for a judge, court or expert to act in a procedure provided for in the framework of a case under investigation or at the request of a judgment.

In other words, basically, through the recusal recusal, it is requested that some of the aforementioned actors do not intervene because they show some kind of demonstrated impartiality or animosity and this could obviously harm the clarification of a

investigation or adversely affect the fate of an accused.

For example if a judge is friend of the plaintiff, the defense may challenge him on the grounds that this friendship may harm his client. Also when an expert called to intervene in a case manifests himself before intervening in it of a categorically regarding a position on the case under investigation can be considered sufficient cause for challenge him.

Request it in writing before the competent authority

The challenge must be submitted to the authority competent and appropriate, normally a magistrate who occupies a higher echelon, in a manner written and in that written document a detailed explanation of the reason for the rejection of the the intervention of a judge, expert or court.

All parties involved in a case have the right to use this remedy if they believe that they are being affected or may be, due to the impartiality of a judge. Meanwhile, if the challenge is successful, that is, the judge who receives the cause gives rise to it, then the challenged magistrate must completely withdraw from the cause.

Thus, the challenge is a recurring remedy at the behest of the procedures judicial, and of course provided for in the law, it is very good that the parties make use of it. In any case, many times, lawyers, in complicity with judicial authorities, use it as strategies to delay cases or remove honest judges and thus achieve impunity. Obviously this situation occurs in those states where justice and independence of powers does not prevail.

Issues in Challenge