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Criminal reviews

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What is a criminal review?

It is a special and exceptional procedure, whose nature is conceived as a means of challenging final sentences and free dismissal orders issued by the popular courts of any instance and territory provided that:

  • A custodial sentence has been imposed, whatever its measure.
  • A fine or accessory section sanction has been imposed, particularly severe, benign.
  • The accused has been wrongfully acquitted.

What people can write to request the special review procedure and whom to promote?

Taking into account the grounds for criminal review, the following may request it:

  •  The sanctioned himself without any representation.
  •  The relative of the sanctioned person.
  •  The victim of the events.
  •  The aforementioned by legal representation.
  •  The prosecutor.
  •  Others who have affinity with the sanctioned or the victim.

Who promotes?

  • The Minister of Justice.
  • The President of the People's Supreme Court.
  • The Attorney General of the Republic.

Requirements that the written application must contain so that it can be filed

  • The data that identifies the cause that requests to be reviewed, including therefore the names and surnames of the applicant, name of the sanctioned person, number and year of the case, crime, sanctioning court, sanction imposed, address of the sanctioned person (where he is serving the sanction) and concretely determined and understandable disagreements.
  • When the applicant is the person of a lawyer, he must present in his brief, in addition to the above, the cause that he considers to protect the right of his client and the arguments on which the defense is based.

Other data of interest:

  • The term to respond to the petitioner is 90 calendar days.

The requests for review of cases that correspond to the Military Courts are not the responsibility of the Provincial Directorates of Justice, only the request is transferred to the corresponding instance.

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