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CHAPTER II.

RESTITUTIO IN INTEGRUM

Can.  1645 §1. Restitutio in integrum is granted against a sentence which has become res iudicata provided that its injustice is clearly established.

§2. Injustice, however, is not considered to be established clearly unless:

1/ the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained;

2/ documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision;

3/ the sentence was rendered due to the malice of one party resulting in harm to the other party;

4/ a prescript of the law which is not merely procedural was clearly neglected;

5/ the sentence is contrary to a previous decision which has become res iudicata.

Can.  1646 §1. Restitutio in integrum for the reasons mentioned in can. 1645, §2, nn. 1-3 must be sought from the judge who rendered the sentence within three months computed from the day the person became aware of these same reasons.

§2. Restitutio in integrum for the reasons mentioned in can. 1645 §2, nn. 4 and 5 must be sought from the appellate tribunal within three months from the notice of the publication of the sentence; if in the case mentioned in can. 1645, §2, n. 5 notice of the previous decision occurs later, however, the time limit runs from this notice.

§3. The time limits mentioned above do not run as long as the injured person is a minor.

Can.  1647 §1. The petition for restitutio in integrum suspends the execution of a sentence if execution has not yet begun.

§2. If from probable indications there is a suspicion that a petition has been made in order to delay the execution, however, the judge can decree execution of the sentence, though with suitable guarantees to the one seeking the restitutio that there will be indemnity if the restitutio in integrum is granted.

Can.  1648 If restitutio in integrum is granted, the judge must pronounce on the merits of the case.

 




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