The Government has modified the regulation of criminal, civil and labor proceedings so that the fatherhood of lawyers, serious illnessas well as that of their relatives or medical emergencies may suspend a trial or be a reason to change an appointment or interrupt the terms of a process.
Royal Decree-Law 5/2023, of June 28, published this Thursday in the BOE, responds to some of the historical demands of the legal profession in matters of conciliation. Specifically, the text modifies the Criminal Procedure Law so that, as a novelty, an oral trial can be suspended when the lawyer of either party faces the death, hospitalization or surgical intervention of relatives up to the second degree. If it is a process in which the lawyer has been appointed ex officio, the procedure will be suspended in the time it takes for the Professional Association to appoint a substitute.
The changes in the regulation of the civil and labor process will allow the terms of the process are interrupted due to force majeure that affect the lawyer or to the attorney such as birth, child care, serious illness, accident, or death of relatives up to the second degree of consanguinity. The course of the procedure will also be suspended at the request of the lawyer due to the death, serious illness or accident of your sentimental partner or a first-degree relative. In the same way, lawyers may request to change the date of an appointment for these same reasons. In addition, the suspension of trials may also be requested for medical emergency on the day or within the previous 24 hours.
Appeals
The Executive has modified the regulation of the appeal of cassation in the criminal, contentious-administrative, civil and labor orders to attend to the growing litigation that congests the Justice.
In it penal order, it will be allowed to demand a brief extract of the reasons for appeal used, as well as to cite the precept of the Penal Code that is considered violated. As soon as to the litigation-administrative, the witness lawsuit mechanism is improved to achieve greater efficiency in the management of mass litigation. That is to say, the body that accumulates several appeals for the same reason, may process one or more of each group, suspending the course of the others. In relation to civil order, preferential processing will be given to appeals against final judgments handed down in the processing of witness procedures.
With respect to social orderthe elimination of the appeal against the order of inadmissibility for lack of rectification of defects is introduced, when the party has already been warned and required for that rectification and has let the deadline pass.
2023-06-30 04:00:05
#paternity #illness #lawyers #reason #suspend #judicial #processes
