The Plenary of the Supreme Court of Justice in its extraordinary session no. 3-2023 held on February 7, 2023, unanimously approved resolution no. 62-2023 that outlines the new procedure for the filing and trial of claims in suspension of the execution of appealed judgment in cassation within the framework of Law no. 2-23 on the Appeal of Cassation dated January 17, 2023.
The aforementioned resolution provides that in order to demand the suspension of the execution of a judgment against which the appeal does not have suspensive effect in accordance with the legal regime of Law no. 2-23 on the Appeal of Cassation, as well as those established in special laws, the appellant must file said claim before the presiding judge of the Chamber of the Court of Cassation competent to hear the appeal, in which it is justified that the execution of the judgment in question may result in irreparable damage to said appellant that makes the object of the appeal itself that has been filed lose.
With resolution no. 62-2023, which regulates the procedure for the suspension of the execution of the judgment appealed in cassation, complies with paragraph II of article 27 and article 91 of said Law no. 2-23 on the Appeal of Cassation, which grants the power to the Plenary of the Supreme Court of Justice to regulate the procedure within two (2) months from the promulgation of said law.
It should be noted that the general rule that prevails, according to the mandate of the law in question, in its article 27, is that the mere filing of the appeal of cassation does not have a suspensive effect on the execution of the contested sentence. The suspensive effect applies as an exception by operation of law with the simple filing of the appeal in the following matters: status and capacity of persons, divorce, separation of property, annulment of marriage, cancellation of mortgage, declaration of absence, registration in falsehood or in any other cases provided for in special laws.
This resolution will enter into force one (1) day after its publication on the website of the Judiciary, which will have its immediate effects with respect to the suspended lawsuits filed from the date of its entry into force.
To consult resolution no. 62-2023 on the procedure for the filing and trial of lawsuits in suspension of the execution of the sentence appealed in cassation published on the institutional portal of the Judiciary on February 8, 2023, click here: https://bit.ly/3DOf0KX