Supreme Court of the Dominican Republic

It is headquartered in Santo Domingo, capital of the Republic, in the Palace of the Supreme Court in the center of the heroes, adjacent to the National Congress.

The oldest higher-level court in Dominican history recording is the Royal Audiencia of Santo Domingo, founded in 1511 and composed of a chairman and three Auditors (Judges).

Centuries later, in 1776, he was added the post of Regent in order to streamline processes and ensure prompt settlement thereof.

Theoretically the island belongs to France under the Peace of Basel, from 1795 there was created a court of cassation would never know the substance of the cases.

In the short-lived government independent of José Núñez de Cáceres, a Superior Court of Justice it was created.

Exceptionally in the reform in Moca in 1858, the Court of Cassation set out to learn about the "breach of formulas or violation of the law," but the counterrevolution led by General Pedro Santana prevented this step forward.

In the same year of 1884 definitively were approved and promulgated, translated into Spanish and adapted to our environment, the French codes in civil, commercial, criminal, civil procedure and criminal procedure matters, which since 1845 had ordered his observation throughout the national territory The number of judges of the Supreme Court has had different amounts over time.

Since the reform of 1878 (Article 38) the Supreme Court has the power to take the lead in the formation of laws being referred to judicial affairs.

The existence of the death penalty as the capital punishment for defendants who so deserved, led to the full Supreme Court was part of the military commissions under Article 210 of the Constitution of the Republic, were created one in 1847, which ordered the execution of the brothers Jose Joaquin Puello and Gabino, and another in 1848, which was more lenient sentencing to imprisonment in some cases and downloaded to other defendants.

In 1908 the jurisdiction of the Supreme Court was devoted to "decide in the last resort on the constitutionality of laws, decrees and regulations in all cases that are the subject of legal dispute between parties".

But such a formula was eliminated in the next reform of 1927, in order to restore the "fuzzy control", established in 1908, for which first had to be legal dispute and therefore be able to admit the constitutional challenge and not as in 1924 which stated that the appeal was open even in the absence of litigation.

During this period numerous amendments to the Civil, Criminal, Commercial, Civil Procedure and Criminal Procedure were made, and new legislation on banking, individual security (bail, habeas corpus, forgiveness conditional instituted the penalty, prison system), work (accidents and loans), social security (retirement, pension, hospital care).

156-97 the number of judges of the Supreme Court was raised to 16 (sixteen), a President and three cameras identified as First (Civil), Second (Criminal) and Third (Land, Labor, Administrative and Tax Litigation).

The same reform of 1994 restored the "concentrated control" of constitutionality is a function of the Supreme Court, in laws and at the request of the Executive Branch that resource, one of the Presidents of the Chambers or an interested party.

According to the above-mentioned article 63 of the Constitution of 1994 the law would regulate the judicial career and pension scheme of the judges, officials and employees of the court order.

The current number is 17 according to Law 242–11, which establishes a judge without judicial but administrative functions, fixed in the Council of the Judiciary, which is the governing body of the Supreme Court.

In case of death, disability or retirement of a judge of the Supreme Court, the National Judicial Council may meet following the procedures set by the law.