Former Guayas Magistrate to Face Trial for Alleged Judicial Misconduct

A former magistrate from Guayas, Ecuador, identified as Segundo Orlando T. A., is set to stand trial for allegedly abusing his judicial authority. Prosecutors accuse him of ordering the closure of a fiscal instruction process in Quito while based in Guayaquil, an action they contend was taken without the necessary legal competence.

The case centers on a charge of prevaricate, a crime defined by a judge issuing a ruling they know to be unjust. The controversy began in December 2024 when a representative for a private insurance company filed a constitutional action. This action specifically requested that a prosecutor in Quito's Unit for Transparency and Fight Against Corruption immediately close a fiscal instruction related to an alleged embezzlement offense.

According to the prosecution, Segundo Orlando T. A. allegedly complied with the request without following basic protocols, such as requesting evidence or consulting the fiscal authority overseeing the case. On December 23, 2024, he issued a resolution to terminate the criminal proceedings. Prosecutors emphasize that the ex-magistrate acted with full knowledge that the case was under the jurisdiction of an anti-corruption court in Quito.

The Provincial Prosecutor's Office of Pichincha argued that the magistrate violated Article 599 of the Comprehensive Organic Penal Code (COIP). This article states that closing a fiscal instruction is exclusively the responsibility of the assigned criminal judge and must follow specific procedures. By issuing the resolution from Guayaquil, the ex-magistrate allegedly acted outside his territorial jurisdiction, intervening in a case legally handled in the capital. The Provincial Court of Justice of Guayas upheld the decision to send him to trial.