Carlos Felipe B.Managing partner and founder
A regulation appropriate to Dress Procedural Criminal valid
The Supreme Court of Justice issued Resolution No. 95-2026, dated September 17, 2026 , updating Resolution 30-2025, which had modified the regulations governing the judge of execution of sentences . The purpose is to align these regulations with Law No. 97-25, the organic law that establishes the Code of Criminal Procedure. The update was officially announced on October 29. It is important to distinguish between these two dates and recognize that the resolution updates an existing system : not all the procedures it includes originated with it, nor does it imply the automatic release of convicted individuals.
What does the judge control during the fulfillment from the condemns
The execution of a criminal sentence is subject to judicial oversight. The regulations detail the role of the judge responsible for supervising the fulfillment of sentences and resolving issues that arise during this stage, along with the protection of the fundamental rights of persons deprived of their liberty . Their preamble refers to Articles 76 and 454 of Law No. 97-25. The existence of a sentence does not eliminate the rights that remain in effect during its execution, but petitions must be processed and resolved in accordance with the law and the powers established in the full resolution.
How the execution judge takes over
Article 8 links the issuance of an order to a final judgment and certification of its irrevocability. The clerk must incorporate this certification into the electronic file and verify the relevant procedural documentation, especially that related to liberty, coercive measures, and notifications. Therefore, to understand a person's situation, it is not enough to know the imposed sentence: it is necessary to verify its finality and the status of the case file. Article 8 of the regulations also contains special rules that must be examined in their context, without implying that any appealed judgment can be executed in the same way as an irrevocable one.
Why does calculating a sentence require a documentary review?
Article 9 governs the calculation of sentences and stipulates that relevant periods and circumstances must be considered, including time spent in detention from the time of arrest or under house arrest. Its purpose is to determine when the sentence ends and from what point parole and temporary release permits can be requested. The calculation may be modified, even ex officio, when new circumstances make it necessary, by means of a reasoned decision. The decision should not be interpreted as a rule for the automatic deduction of any period of freedom: the judge must determine the legal treatment of each interval and the circumstances that actually influence the length of the sentence.
How to report complaints, requests and incidents
Article 11 outlines the procedures for handling issues arising from the execution and termination of sentences, in accordance with Article 459 of the Code of Criminal Procedure. It recognizes the possibility of initiating proceedings on behalf of the convicted person or any person acting on their behalf, with a streamlined approach that even allows for oral presentations, which the judge must document. The regulations also contemplate the participation of other authorized parties. A petition must identify the problem and the elements necessary to resolve it; appealing to the judge does not guarantee automatic approval. The procedural details are found in Article 11 of Resolution 95-2026.
Special conditions of compliance
Article 12 establishes a special regime for certain cases: convicted persons over seventy years of age, those with terminal illness or subsequent dementia, those pregnant or breastfeeding, and those with drug or alcohol addiction, in accordance with Article 348 of the Code of Criminal Procedure. Depending on the circumstances and the corresponding decision, compliance with the sentence may take place partially or entirely at a residence or in an appropriate healthcare facility, under judicial supervision. The regulations require an analysis of the specific conditions ; they do not establish automatic release based on mentioning an illness, age, or family situation without its verification and legal evaluation.
Which documents should be reviewed with the defense?
Before requesting a measure or challenging the calculation of a sentence, it is helpful to gather the complete judgment, notifications, the certificate of irrevocability (if applicable), arrest and incarceration records, and decisions regarding coercive measures. If the request is based on health or another special condition, it must be accompanied by relevant and up-to-date documentation. The defense can compare these elements with Resolution 95-2026 and the Code of Criminal Procedure to identify the request and the competent authority. This review allows for formulating a specific request and verifying both the convicted person's rights and the legal conditions for their fulfillment.