Jurisdiction in Drug Trafficking Cases and the Principle of Non-Retroactivity of Procedural Laws
The Federal Supreme Court
Judgment summary
In case 181/2026, the Federal Supreme Court reviewed a drug trafficking case where the Court of Appeal annulled a first-instance conviction. The appeal court based its decision on a new law that transferred jurisdiction to federal courts in the capital, which came into effect after the initial trial had concluded. The Public Prosecution appealed this decision. The Supreme Court ruled that the Civil Procedure Law governs procedural matters unless specified otherwise. It clarified that laws amending jurisdiction do not apply if the pleadings before the first-instance court have already closed. Therefore, the original court retained jurisdiction. The Supreme Court overturned the appellate decision and remanded the case to the Court of Appeal for a judgment on the merits of the case.
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