Humanities

What is a court decision? »Its definition and meaning

Anonim

A judicial decision is related to the opinion or resolution issued by the judiciary to resolve a particular case, this decision is also known as a sentence, which seeks to solve any dispute either by acquitting or condemning the accused in those criminal proceedings, or by accepting or ignoring what is requested by the plaintiff in civil proceedings.

When the decisions or judgments are considered of first instance, it means that the process in question is not included in a definitive way, but rather enters the review process and once the appeal instances are finished it is when it is transferred to the authority res judicata. The judicial decisions originate different consequences at the time of being issued, some of them are irreparable sentences, it is when the decision will no longer be dealt with again, although the procedure continues.

The effect of res judicata, which tells us that there is no challenge that is worth allowing the modification of the same, through it, respect and compliance with the decision made in the trial is interpreted. And finally there is the declaration of law, which is linked to the distribution of the sentences in constitutive and declarative.

The contradictory decision or sentence is one in which the accused is present at the trial, the decision that is given in absentia is when it is made without the presence of the accused. To carry out a judicial decision it is necessary to comply with certain parameters of time, place and form, since it must be pronounced in an acceptable period of time for the execution of the actions taken by the judge, which will have a variation that will depend of the process in question.