Commentary on Judgment No. 18363 of 2022: Extraordinary Appeal for Factual Error

The recent judgment No. 18363 of November 17, 2022, filed on May 3, 2023, offers an interesting point for reflection on the procedure of the extraordinary appeal for factual error. The Court of Cassation, presided over by Dr. A. T., addressed the issue of the distinction between the rescissory and rescinding phases, clarifying that a rigid separation of these phases is not necessary in defining the proceedings.

The Extraordinary Appeal Procedure

According to Article 625-bis, paragraph 4, of the Code of Criminal Procedure, the Court of Cassation has the power to adopt the necessary measures to correct an error, without necessarily having to articulate the procedure in two distinct phases. This means that, if the Court upholds the appeal, it can issue an immediate decision that replaces the previous one, avoiding a further hearing for the renewed judgment.

• The extraordinary appeal for factual error is a means to correct erroneous legal decisions.
• The Court is not obliged to follow a complex procedural path.
• An immediate ruling can simplify the entire process.

Distinction Between Rescissory and Rescinding Phases

The Court clarified that the traditional distinction between the rescissory phase (annulment of the measure) and the rescinding phase (new judgment) is not always necessary. This simplification could lead to greater efficiency in the judicial system, allowing disputes to be resolved more quickly.

Extraordinary appeal for factual error - Proceedings - Distinction of rescissory and rescinding phases - Exclusion - Reasons. In the context of an extraordinary appeal for factual error, as Article 625-bis, paragraph 4, of the Code of Criminal Procedure provides that the Court of Cassation, if it upholds the request, shall adopt the necessary measures to correct the error, the definition of the proceedings need not necessarily be articulated in the two distinct phases of the immediate annulment of the flawed measure and the subsequent hearing for the renewed judgment on the previous cassation appeal, as an immediate ruling can be issued which, if it upholds the appeal, replaces the previous one.

Conclusions

In conclusion, judgment No. 18363 of 2022 represents a significant step towards greater simplification and speed in legal proceedings concerning extraordinary appeals for factual error. The possibility of issuing immediate rulings, without going through a rescinding phase, could make the system more accessible and just for citizens. It is therefore important to stay updated on these legal developments, which can have a direct impact on individuals' rights and guarantees.