High Court of Cassation and Justice

5-Justice Panels

The High Court of Review and Justice has the structure of the 5-Justice Panels, whose jurisdiction is set by law.

According to the stipulations of the Civil Procedure Code and of Law no. 317 of 2004 on the Higher Council of Magistrates, as republished, and as subsequently amended and supplemented, in the civil law area, 5-Justice Panels rule in:

• second appeals filed against disciplinary action decisions by the Higher Council of Magistrates;
• conflicts of jurisdiction between two Chambers of the High Court of Cassation and Justice;
• second appeals, in cases set by law, filed against decisions to waive a claimed right, when such waiver takes place before a Chamber of the High Court of Cassation and Justice;
• second appeals, in cases set by law, filed against decisions ascertaining obsolescence, when such obsolescence was ascertained by a Chamber of the High Court of Cassation and Justice;
• second appeals filed against revision decisions for contrariety between decisions, in cases set by law, when such revision was settled by one of the Chambers of the High Court of Cassation and Justice;
• other cases established by law.

According to the provisions of Article 24 of Law no. 304 of 2004, in the criminal area, 5-Justice Panels:

• rule in second appeals filed against decisions returned in first instance by the Criminal Chamber of the High Court of Cassation and Justice;
• settle challenges against court resolutions returned in first instance during the trial by the Criminal Chamber of the High Court of Cassation and Justice, and other cases assigned under their jurisdiction by law.

The 9-Justice Panel

By Law no. 202 of 2010 on Steps for Speeding Up the Settlement of Cases, the duties and prerogatives of the 9-Judge Panel were taken over by the 5-Justice Panels.

Trials pending before the 9-Justice Panel will continue to be settled by this panel.