{"id":164005,"date":"2025-08-20T01:30:49","date_gmt":"2025-08-20T01:30:49","guid":{"rendered":"https:\/\/teknomers.com\/en\/he-requested-to-use-the-term-in-the-audience-but-that-wasnt-the-case-pj-fined-a-lawyer-who-failed-to-attend-the-oral-report\/"},"modified":"2025-08-20T01:30:51","modified_gmt":"2025-08-20T01:30:51","slug":"he-requested-to-use-the-term-in-the-audience-but-that-wasnt-the-case-pj-fined-a-lawyer-who-failed-to-attend-the-oral-report","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/he-requested-to-use-the-term-in-the-audience-but-that-wasnt-the-case-pj-fined-a-lawyer-who-failed-to-attend-the-oral-report\/","title":{"rendered":"He requested to use the term in the audience, but that wasn’t the case: PJ fined a lawyer who failed to attend the oral report."},"content":{"rendered":"\n
<\/picture>
Lawyer was fined by the PJ. | Referential Photo: Canva<\/figcaption><\/div>\n

An Unprecedented Fine for Absence in Cusco’s Judicial System<\/h2>\n

An unusual incident in the judicial field of \u00a0Cusco\u00a0 attracted the attention of the legal community after the imposition of a \u00a0fine to a lawyer\u00a0 who, after \u00a0requesting a special turn\u00a0 to formulate an oral report, \u00a0decided not to attend\u00a0 the agreed audience. The case, ventilated in the \u00a0Second Labor Chamber\u00a0 of the \u00a0Superior Court of Justice of Cusco\u00a0, proposes a point of reflection on the \u00a0responsibility\u00a0 and \u00a0commitment\u00a0 required by professional practice before the \u00a0Peruvian courts\u00a0.<\/p>\n

Background of the Case<\/h2>\n

The story, disseminated by LP<\/i>, dates back to \u00a02019\u00a0, when the \u00a0Sala\u00a0 interpreted pertinent, granting the parties involved the power to request the word with the objective of supporting their positions through oral exposure. The instruction was clear: anyone who wanted to exercise that \u00a0right\u00a0 should submit their application within \u00a0three business days\u00a0 after being notified. In the warning, a specific consequence was arranged for the assumption that the lawyer does not present: an \u00a0economic sanction\u00a0 supported by the \u00a0Organic Law of the Judiciary\u00a0 and the \u00a0Civil Procedure Code\u00a0 would be applied.<\/p>\n

The file details that on \u00a0March 26, 2019\u00a0, one of the lawyers formalized his \u00a0request for the use of the word\u00a0. However, when the time came, the professional did not attend the audience. This \u00a0displacement did not go unnoticed\u00a0 for the magistrates, who firmed the warning and proceeded to impose a \u00a0fine equivalent to a procedural reference unit (URP)\u00a0. The Chamber based this decision on relevant articles of the legal framework, marking a precedent aimed at strengthening the \u00a0formality\u00a0 and \u00a0seriousness\u00a0 required by the judicial function.<\/p>\n

The Context of the Appeal<\/h2>\n

The material context of this process involved the \u00a0appeal of a teacher\u00a0 who, after being ceased from his position as a teacher in \u00a02013\u00a0, was looking to reverse administrative resolutions and access differential \u00a0bonuses\u00a0 due to the rural area where he exercised. The demand, which dealt with the calculation of these benefits, was rejected in the first instance. In this context, the \u00a0appellant\u00a0 presented arguments in favor of the nullity of those resolutions and defended that the bonus should be calculated on total remuneration, invoking \u00a0constitutional jurisprudence\u00a0.<\/p>\n

\"Superior<\/picture>
Superior Court of Justice of Cusco. | PJ<\/figcaption><\/div>\n

Legal Implications and Ethical Considerations<\/h2>\n

The Chamber, after analyzing the case and considering the specific regulations, \u00a0confirmed\u00a0 that the calculation base should be \u00a0permanent total remuneration\u00a0 and rejected the possibility of a different formula. In the ruling, they referenced \u00a0Ministerial Resolution 761-91-ED\u00a0 and the jurisprudence of the \u00a0Supreme Court\u00a0, which emphasize the distinction in the calculation of different state bonuses.<\/p>\n

Outside the technical labor aspect, the episode gained notoriety for the action of the absent lawyer. The magistrates applied the planned \u00a0sanction\u00a0 and ordered that the \u00a0fine be communicated\u00a0 to both the Superior Court of Justice of Cusco and the corresponding \u00a0Bar Association\u00a0, a measure aimed at enhancing \u00a0transparency\u00a0 and \u00a0ethical compliance\u00a0. The ruling determined that, once the sanction was consented or ratified, the notification should reach both organizations, aligning with the principle of \u00a0procedural advertising\u00a0.<\/p>\n

After the imposition of the fine, procedures continued to send the file to the \u00a0Constitutional and Social Law Room of the Supreme Court\u00a0. Subsequently, when the file returned to Cusco in \u00a02021\u00a0, its final file was arranged, and the lawyer sanctioned was reminded to \u00a0pay the fine\u00a0 within five days, under the warning of initiating forced execution measures.<\/p>\n

The events surrounding this case serve as a critical reminder of the importance of \u00a0professional responsibility\u00a0 within the judicial system. The fine imposed on the lawyer is not merely about the monetary penalty, but rather it sets a \u00a0precedent\u00a0 that reinforces the expectation of \u00a0commitment\u00a0 from legal practitioners. It highlights that every participant in the judicial process contributes to the integrity and functionality of the legal system, emphasizing that failure to meet these obligations can have significant consequences. As legal professionals, it is crucial to uphold the standards expected of them to maintain the respect and efficacy of the law.
\n

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General News – 2<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Lawyer was fined by the PJ. | Referential Photo: Canva An Unprecedented Fine for Absence in Cusco’s Judicial System An unusual incident in the judicial field of \u00a0Cusco\u00a0 attracted the attention of the legal community after the imposition of a \u00a0fine to a lawyer\u00a0 who, after \u00a0requesting a special turn\u00a0 to formulate an oral report, […]<\/p>\n","protected":false},"author":1,"featured_media":164006,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[6264,347,697,3931,3479,1594,12962,288,19469,4797,6033],"class_list":["post-164005","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mazagine","tag-attend","tag-audience","tag-case","tag-failed","tag-fined","tag-lawyer","tag-oral","tag-report","tag-requested","tag-term","tag-wasnt"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/164005","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=164005"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/164005\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/164006"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=164005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=164005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=164005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}