There are many ways to issue a sentence, but what happens if you need it to be reviewed due to some type of non-conformity, the Criminal Cassation Appeal, allows you to be able to annul a sentence.
For this to happen, there must be some requirements, phases, and be within the legal procedures that we will be mentioning in this article. In this opportunity we invite you to stay with us and learn everything about this resource.
Requirements of the Criminal Cassation Appeal
Knowing that it is him Criminal Cassation Appeal, we can go to the requirements that are needed so that it can be given, among these we can mention:
- You only have 5 days, so that you can make the claim, these days begin to pass once the sentence that you want to appeal is given.
- For this presentation to be effective, it must be formalized, both by the lawyer and by the attorney.
- It must be presented before the court corresponding to the final judgment.
- The reasons for the request must be made clear. Criminal Cassation Appeal, this by means of a demonstration.
- The sentencing testimony must be within the requirements.
- If you are appealing to Criminal Cassation Appeal due to breach of form, you must have the proofs corresponding to the error.
- If it is for any violation of the law, you must have all the necessary evidence.
Who can file the appeal?
For this to happen, there are some figures that will be able to request this resource, among these we can mention:
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- The first figure that can request this resource is the Fiscal Ministery.
- Anyone who has been a party to criminal trials
- Those convicted in sentence.
- Heirs of convicts or those who have been part of criminal trials.
Phases of the criminal appeal
The phases of this resource are really important so that it can be taken seriously, among these we can mention:
Preparation: This phase corresponds to the 5 days after the conviction, therefore, you have time to prepare your evidence and appeal to the Criminal Cassation Appeal.
Interposition: Once appealed by the appeal, you have a total of 15 days to take and formalize before the supreme court.
substantiation: Once formalized before the supreme court, it has a total of 10 days to:
set the resource
Challenge the appeal.
Give the resource as admitted.
Annul the judgment in whole or in part.
Decision: last but not least, after 10 days, the decision will be made to estimate or dismiss the case.
When does the Criminal Cassation Appeal?
so that the Criminal Cassation Appeal can proceed, there must be certain conditions in the case, among which we can mention:
Lack of clarity in the evidentiary facts: sometimes, despite having the evidence, they are confused or contradict each other, therefore, in this situation the Appeal is appropriate.
Approval without proof: It may even happen that it sounds a bit contradictory, that the evidence does not coincide with the accusation that is made, however, it is sentenced.
Offense Penalty Above Charge: In this case, the accusation of the crime falls short of what is actually sentenced. When this happens, the Court does not exercise based on article 733.
Judgment without concurrence of votes: To issue a sentence, the magistrates must vote accordingly, however, if this does not happen, the defense has the power to use the Criminal Cassation Appeal.
Reasons for filing an appeal.
The reasons for which you can request the Criminal Cassation Appeal, can be varied, among these we can mention:
Cassation appeal for violation of the constitutional precept.
Appeal for infraction of law.
This motive is based on proven facts, but that they are violating the law or a criminal precept.
Appeal for breach of form
The breach of form can occur for 2 reasons, which are:
- Violation of sentence form
In this case, the appeal will be based on the failure that the statement may have directly. Among these failures we can mention evidence that contradicts itself, there is only an accusation, but no facts, there is an inconsistency or the number of votes or it is the one required by the state for the sentence.
- Breaking of form in the process
Regarding the processes, the most common that we can mention are the omission or denial of evidence, dismissal of clarifying questions for the case, the president of the court does not allow the testimony of any witness or suspension of the oral trial.