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Article 108 Of Chapter 11
Section: Penalties and Disciplinary Actions

Under the Court of First Instance, a court named “Capital Markets Court” shall be established. A decision shall be issued by the Minister of Justice to define its premises, with the consent of the Supreme Judicial Council. It shall consist of:

1 - Penal circuits that shall have exclusive jurisdiction to decide on penal cases related to the crimes stipulated in the law. The Felonies Circuit shall consist of three judges one of whom shall be at least at the level of counselor. The Misdemeanors Circuit shall consist of a judge of the first degree at least. In the initiation of the penal case and the lodging thereof before those circuits, the rules and procedures prescribed in the Law of Penal Procedures and Trials shall be followed, in respect of anything that has not been specifically provided for in this Law.

2 - Non-penal circuits with exclusive jurisdiction to decide on non-penal cases related to commercial, civil and administrative disputes arising from the implementation of the provisions of this Law and the regulations and bylaws related to the Securities markets, and the disputes related to the enforcement of judgments issued thereby, regardless of the value of such disputes. These circuits shall consist of three judges one of whom shall be at least with the rank of counselor.

3 - One or more judges shall be delegated by the Court of First Instance to rule in a temporary basis, but without affecting the origin of the right, in matters of concern about the lapse of time and which fall within the jurisdiction of this court, and the temporary execution complaints, and to issue orders based on petitions, temporary orders and performance orders related thereto. The Law of Civil and Commercial Pleadings and the complementary laws shall apply to the non-penal law suits that are filed according to the provisions of this Law, in respect of all matters that have not been specifically provided for herein.

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  • CMA Law