The Second Chamber of the Supreme Court of Justice revoked an order of there is no place issued in favor of a woman accused of gender violence in the Valverde province, after receiving a appeal initiated by the Attorney General of the Regional Attorney’s Office of Santiago, Juan Carlos Bircann Sánchez.
A press release notes that the high court made the decision by revoking a non-applicable order issued by the Court of Instruction of the Judicial District of Valverde in favor of Ms. EP, which had subsequently also been confirmed by the Court of Appeal of Santiago.
The Second Chamber of the Supreme Court of Justice, composed of judges Francisco Antonio Jerez Mena, Nancy I. Salcedo Fernández, Fran Euclides Soto Sánchez, María Garabito Ramírez and Francisco Antonio Ortega Polanco, issued judgment SCJ-SS-24-0884, dated July 31, 2024, notified on September 18, 2024, with which it matched judgment 972-2023-SRES-00178, issued on December 6, 2023 by the Second Chamber of the Criminal Court of the Court of Appeal of Santiago.
It is noted that, with the decision, contrary to what was expressed by the jurisdictions of the Instruction and of the second degree, the cassation court considered that the accusation presented by the Public Prosecutor in that case is covered with grounds to justify the probability of a conviction in matters of domestic and intra-family violence exercised by the accused EP to the detriment of her partner.
Therefore, the high court proceeded to accept the accusation against the defendant, who is accused of violating articles 309-2 and 309-3 of the Dominican Penal Code, and the testimonial, expert and procedural evidence that supports it, as requested by the appellant attorney.
In its decision, the High Court emphasizes that the evidence provided by the Public Prosecutor’s Office is legal, pertinent and relevant to the proceedings, proving useful and relevant, in accordance with Article 294 of the Criminal Procedure Code.
Cassation is a procedural remedy that aims to annul a court ruling that contains an incorrect interpretation or application of the law. The case is then heard by judges in another jurisdiction or another chamber.
