The sentences that are really final are the final sentences. There is no appeal against them, either because the law does not provide for it or because the established deadline has passed and none of the parties has presented it. During the course of a trial, the opposing parties (plaintiff and defendant) present their arguments through their corresponding lawyers. Meanwhile, the judge knows the facts thoroughly.
The possibility of obtaining the execution of a sentence only occurs in cases in which, once it is issued, a judicial decision is adopted in the form of an order that decrees the so-called purpose of the sentence. This can happen for two reasons:
- Good because no appeal has been filed against the sentence handed down and the terms that the law grants to appeal the sentence have passed.
- Either because an appeal has been filed against the sentence and the judicial body has resolved this appeal and has communicated it to the parties and to the judicial body that issued the sentence. In this case, the solidity of the sentence would come because, in the face of this second sentence, it is not possible to appeal.
Once the sentence is finalized, the path of the trial opens, in order to start the way to collect the content of the sentence. This is the essential part of the process, because without the execution of the judgment is not the claim is satisfied that the party asked for in the courts and granted the protection court claimed effective.
In general, the law provides for the possibility for litigants to go to another court to review the case. It is what is called a resource. In the event that the law establishes that it is not possible to file an appeal, the sentence will be considered final. To have this consideration, the law that applies in the judgment must expressly indicate it. In addition, another requirement for the judgment to be final is that the litigants have missed the deadlines for filing an appeal.
Therefore, the final judgment is final. The decision is final and must be applied as specified by the judge in his decision. The origin of the final judgment comes, like most legal situations, from Roman law. The goal of the final trial is to avoid a new trial, understood in this way that protects both parties.
The idea of a final judgment is clear: that there cannot be a new trial. Despite this, the legislation of most countries contemplates the possibility of reviewing a final judgment. The first requirement to do so is that one of the parties apply to a higher court, usually the Supreme Court. This body has the power to reopen the case and, therefore, annuls the final judgment if any of the following requirements are met: the appearance of new relevant data, the demonstration of the falsity of the data or the testimonies of the experts or some type of irregularity (bribery, for example) that justifies the annulment of the original final judgment.
