Paloma Crespo, associate at Kepler-Karst Law Firm, publishes at El Derecho an article about the cassation appealability of orders declaring provisional dismissal—an issue of particular relevance in current legal practice.
The article examines the distinction between final and provisional dismissals, as well as the legal effects arising from each. While a final dismissal operates as an early acquittal and produces res judicata effects, a provisional dismissal does not bring the proceedings to an end and allows for their reopening under certain circumstances.
As the Supreme Court has cautioned, the extensive use of provisional dismissal may lead to an instrumental application intended to avoid the binding consequences of final dismissal. A particularly significant implication is the impossibility of filing a cassation appeal against orders issued under Article 848 of the Criminal Procedure Act.
Read the full article here.
Access the Spanish version here.
