The Second Chamber of the Supreme Court of Justice has ruled that decisions that declare the extinction of criminal actions are subject to appeal.
The judges accepted the criteria that the American Convention on Human Rights establishes in Article 8, numeral 2, letter h, that during the process every person has the right, in full equality, to appeal the judgment before a higher judge or court. The jurisprudential criterion is contained in Judgment No. SCJ-SS-22-0527, dated 31 May 2022.
It also emphasizes that according to the provisions of Article 74 of the Constitution of the Republic, fundamental rights and guarantees are not restrictive in nature, so that treaties, covenants and conventions relating to human rights, signed and ratified by the Dominican State, have constitutional hierarchy and are of direct and immediate application by the courts and other organs of the state.
Judges Francisco Antonio Jerez Mena signed the ruling (presiding), Fran Euclides Soto Sánchez and María G. Garabito Ramírez, declares the cassation appeal filed against Criminal Resolution No. 502-01-2021-SRES-00125, issued by the Third Chamber of the Criminal Chamber of the Court of Appeals of the National District, on 28 April 2021, to be admissible.
Read more in Spanish:
Hoy
Judgment No. SCJ-SS-22-0527
29 November 2022