How to enforce a sentence of first instance?

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Carlos Laforet Coll
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How to enforce a sentence of first instance?

How to enforce a sentence of first instance?

Enforcement is not automatic and immediate with the publication of the sentence. On the other hand, the winner must have a stamp which is called the "executive formula" affixed by the clerk of the court that issued the sentence.

How to notify an enforceable sentence?

The notification of the enforceable title must be made to the party personally in accordance with articles 137 and following; [but, if it consists of a sentence, the notification [133], within the year of publication, can be made in accordance with Article 170] (2) (3).

When is the sentence immediately enforceable?

The sentence is provisionally enforceable from the first instance, that is, from when it is issued. However, this rule does not apply to all first-degree sentences but only to those that have a condemnatory content ("condemnatory") and not to declaratory or constitutive sentences.

How long does it take for an appeal?

30 days 1- if the sentence has been notified, the deadline for making an appeal is 30 days from the notification itself (so-called short term). Attention: the date of notification of the sentence made against the party's lawyer (if established) is considered and not the date addressed to the party itself.

How long does it take for the appeal?

15 days from the delivery of the sentence if the judge reads the device and motivation at the same time or from the notification of the decision if this is communicated in writing to the home. 30 days if the judge writes the reasons for his choice within 15 days of the sentence.

What is meant by a definitive sentence?

It is the decision that incontrovertibly accepts the criminal responsibility of the subject, and against it it is no longer possible to lodge any appeal (Article 648 of the Code of Criminal Procedure) with the exception of the revision.
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