The Torah in Parashat Shoftim (Debarim 19:21) commands, “Ve’lo Tahos Enecha” – forbidding judges from compassionately excusing those liable for murder or damage from the punishment they deserve. A judge might, for a variety of reasons, pity a murderer or someone who caused his fellow damage, and decide that he should not be punished. The Torah here introduces a prohibition forbidding a judge from harboring such feelings of compassion for those who are liable to punishment for killing or harming somebody. The Sefer Ha’hinuch explains that the Torah issued this command because if people know that they can kill or damage without repercussions, then crime will be rampant, and “Ish Et Re’ehu Haim Bela’o” – people will “devour each other alive.”
This prohibition is binding upon judges, and applies in the times of the Bet Ha’mikdash, when courts had the authority to punish violators. A judge who fails to sentence a guilty party to the appropriate punishment has transgressed this prohibition. Of course, he is not liable to Malkut, as this prohibition is not violated through an action. However, the Sefer Ha’hinuch warns, the judge will be severely punished, because failing to sentence those guilty of murder or damage can lead to the destruction of civilized society.
The Sefer Ha’hinuch adds that the concept underlying this command is relevant even nowadays. Although courts today are not authorized to impose punishments, they do have the authority to resolve civil disputes so aggrieved parties can reclaim what they are owed. Judges are obligated to fulfill their duties so that people are not able to get away with criminal activity.