Difference between judge and magistrate


Law
2023-05-15T19:49:55+00:00

Difference between judge and magistrate

Difference between judge and magistrate

When we talk about justice and the functioning of the courts, it is common to hear the terms judge and magistrate. Often They are used as synonyms, but the truth is that there are important differences between the two.

Juez

A judge is a person who has the function of administering justice in a court. He can be appointed by a higher court or through a public competition. He is the one who directs the judicial process, makes decisions and dictates sentences. Furthermore, the judge can be of two types:

  • Justice of the Peace: This type of judge has jurisdiction in less complex civil and criminal matters. They can resolve conflicts on issues such as divorces, employment issues, and neighborhood disagreements, for example.
  • Legal Judge: This judge is the one who has jurisdiction in civil and criminal proceedings and more complex cases. These judges are the ones who appear in the most important media cases and sentences.

Magistrate

On the other hand, a magistrate is an authority who has the function of administering justice in higher courts at the regional or national level. They may be appointed by the General Council of the Judiciary or through public competition. Magistrates are generally in charge of resolving appeals and appeals against decisions made by first instance judges.

In summary, the main difference between judge and magistrate lies in the competence and the hierarchical level at which they perform their function. The judge, in charge of administering justice in a court of first instance, is responsible for directing the process and handing down sentences. The magistrate, on the other hand, is responsible for administering justice in higher courts, resolving appeals and appeals.

It is important to take these differences into account when talking about judges and magistrates. Each one has a fundamental role in the proper functioning of justice in a country.

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