How long it takes for a judgment to become final. Execution of a judgement

We are all used to hearing about 'final judgement' in any judicial process. But do we really know what this concept is and how long it takes to come about? Undoubtedly, very important questions that here, along with many others, we want to resolve.

What is a final judgment?

In judicial terms, a final judgment is a decision issued by a judge or equivalent figure that cannot be appealed, i.e. it puts an end to the proceedings and cannot be appealed. It should never be confused with a final judgment, which is one that the convicted person voluntarily accepts.
Therefore, in order to speak of a final judgement, two requirements must be met:

• That the legislation in force does not expressly provide for appeals against it.
• The litigants do not lodge an appeal or appeal in due time and form.

However, in certain cases, the law provides that the judgment may be reviewed by the Supreme Court or the Constitutional Court, as the case may be. It is also necessary to speak of the enforcement process, which is the process by which the necessary means are imposed in order to comply with the judgement.

How long does it take for a judgment to become final?

First of all, we need to talk about how long it takes a judge to deliver a judgment, i.e. how much time is required after the end of the oral trial to deliver the judgment. This varies according to many criteria.

For example, in speedy trials, the parties are usually notified within 3-5 working days. However, in all other cases, the process can take much longer.
So, to give an approximate answer to how long a judgment takes, we can say that it takes around one month from the conclusion of the oral hearing (the legislation specifies 20 days, but we can already tell you that this is not being complied with). However, due to the overload of the courts, it is not unusual for this to take up to 2 months in the most complex cases.

The notification of a final judgment

You know how long it takes for a judgment to become final. However, not all judgments become final from the very first moment, but acquire that status because the litigants do not file an appeal in due time and form.

Once the judgment is issued by the judge, the procurator is responsible for notifying the litigants of the content of the judgment. From that point on, a period of 20 calendar days begins for them to file any appeals they deem appropriate.

The period starts to run from the day following the day on which the procurator notifies the litigants. It is usual that, although the legislation establishes 20 calendar days, the time limit is extended by one more day until 15:00 hours. This is known as the 'day of grace'.

Obviously, if neither party files an appeal within this period, the judgment automatically becomes final.

Enforcement of the final judgment

Once the sentence is final, the convicted person is obliged to comply with it. However, there are times when he refuses to do so. If the extraordinary appeal for review provided for in the Criminal Procedure Act, which requires new evidence to be presented, has not been lodged, the court must initiate enforcement proceedings.

The enforcement proceedings depend on the type of sentence imposed on the convicted person. For example, in the case of a financial sentence, the court can seize your salary and assets.

You already know when a sentence is final, so you can face any legal proceedings with this information. In any case, we strongly recommend that you always put yourself in the hands of a specialised lawyer who will handle all aspects of the process and any possible appeals. At the end of the day, what the judge initially ordered may not necessarily be what you end up complying with if you know how to file an appeal.