Cassation Law 2-23
The purpose of Law No. 2-23 on Cassation Appeals is to establish a procedure to hear cassation appeals filed in civil, labor, real estate, administrative and tax litigation matters. Likewise, in labor matters, the provisions of the Labor Code that are not contrary to this law will apply. This law on cassation appeals is applicable throughout the national territory.
As to the Court of Cassation, as provided in numeral 2 of Article 154 of the Constitution of the Republic, the Supreme Court of Justice (SCJ) is exclusively responsible for hearing cassation appeals in accordance with the law.
The Supreme Court of Justice, when acting as Court of Cassation, is divided into the following chambers:
1) “The First Chamber”, which hears cassation appeals in civil and commercial matters, filed for the first time on any point of law.
2) “The Second Chamber”, which hears appeals in cassation in criminal matters, filed for the first time on any point of law.
3) “The Third Chamber”, which hears cassation appeals in labor, real estate, administrative and tax litigation matters, filed for the first time on any point of law.
4) “The Joint Chambers”, which hears, in all matters, the second and exceptional third cassation appeals filed, in the same proceeding, on the same point of law already judged by one of the chambers, or on mixed points.
Chapter III of this Law addresses the purpose and scope of cassation in the legal system, where it is stated that this remedy questions the lack of conformity of a judgment with the legal norms and the Court of Cassation determines whether the norms were correctly applied in judicial decisions, with the purpose of maintaining the uniformity of the national jurisprudence, deciding on the admission of appeals and without entering directly into the merits of the cases, except in exceptional situations.
Chapter IV of the law refers to the cassation procedure. Section I of this chapter refers to the admissibility of the appeal and establishes the requirements that must be met for the cassation appeal to be admissible. Section II refers to the procedure for the substantiation of the appeal and establishes the time limits and formalities that must be complied with during the procedure. Section III refers to the decision of the appeal and establishes the powers of the Court of Cassation when hearing the cassation appeal. Section IV refers to the execution of the judgment and establishes the rules to be followed for the execution of the judgment issued by the Court of Cassation. In general, Chapter IV establishes the procedure to be followed for the filing, substantiation, decision and execution of the appeal in cassation.
Chapter V refers to the general provisions of the cassation procedure. Article 79 establishes that procedural acts must be complied with within the time limits established by law, and that the time limits are peremptory and non-extendable. Article 80 establishes that all time periods established by law are computed as working days, unless otherwise expressly provided. Article 81 defines working days as those days that are working days for the general secretariat of the Supreme Court of Justice, and establishes that no action, even extrajudicial, may be taken outside these days. Article 82 establishes that the term of business days begins to run on the business day following the notification or the action that serves as its starting point.
Chapter VI deals with the amendments made to Law No. 16-92 of 1992, which approves the Labor Code. In particular, Chapter VI modifies Articles 640 and 641 of Law No. 16-92 of 1992, which refer to the appeal in labor matters. These amendments seek to improve access to justice for workers and guarantee greater protection of their labor rights. In addition, Chapter VI repeals Law No. 3726 of 1953, on Cassation Procedure, as well as Law No. 491-08 of 2008, which modified Articles 5, 12 and 20 of said Law No. 3726 of 1953, modified by Law No. 846 of 1978.
Finally, Chapter VII expresses the final provisions related to a law. Here is a summary of each article in this chapter:
Article 91: The plenary session of the Supreme Court of Justice shall issue a resolution within two months after the promulgation of this law. This resolution shall establish the procedure for filing and judging lawsuits in suspension of the execution of a judgment appealed in cassation, in accordance with this law.
Article 92: This law shall not apply to appeals in cassation filed against judgments rendered prior to its entry into force with respect to the time limit for appeal and admissibility requirements. These appeals shall continue to be governed by former Law No. 3726 of December 29, 1953, on Cassation Procedure and its amendments.
Article 93: This law shall also not apply to cassation appeals that have already been filed or are in process at the time of its entry into force. Regarding time limits, admissibility requirements and the processing of these appeals, they shall continue to be regulated by Law No. 3726 of December 29, 1953, on Cassation Procedure and its amendments. This means that certain requirements, such as the obligation of the opinion of the Public Prosecutor’s Office and the holding of hearings, are abolished for ongoing cassation appeals.
Article 94: This law repeals the following laws: 1) Law No. 3726, of December 29, 1953, on Cassation Procedure. 2) Law No. 491-08 of December 19, 2008, which modifies Articles 5, 12 and 20 of Law No. 3726 of 1953, on Cassation Procedure, modified by Law No. 846 of 1978.
Article 95: This law becomes effective as of the date of its promulgation and publication, in accordance with the provisions of the Constitution of the Dominican Republic and after the expiration of the terms established in the Civil Code of the Dominican Republic. The date of promulgation is November 15, 2022.