Criminal proceedings

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Appeals are a means of challenging judicial decisions through which the party that has been harmed by a judicial decision requests its review, either by the same body that issued it or by a hierarchically superior body.

On appeal

For violation of law . This occurs when a substantive criminal provision has been violated . For example, this appeal can be filed if the facts established in a judgment do not actually constitute the crime for which the defendant has been convicted, since in that case the provision of the Criminal Code that punishes that crime is being violated. A violation of law also exists if there is an error in the assessment of documentary evidence (for example, if the judge has not taken into account in the judgment facts that are duly proven by documents submitted by the parties).

Due to procedural defects , which may occur due to procedural defects (for example, by denying a relevant evidentiary proceeding), defects in the judgment (for example, if the person is convicted of a more serious crime than the one for which they were charged), or by violation of a constitutional precept (for example, by violating the defendant’s right to the presumption of innocence).

The appeal in cassation for violation of law and for breach of form is admissible against judgments issued in sole instance or on appeal by the Superior Courts of Justice and against judgments issued by the Appeal Chamber of the National Court.

An appeal on points of law may be lodged against judgments issued on appeal by the Provincial Courts and by the Criminal Division of the National Court. This appeal may also be lodged against orders issued at first instance and on appeal by the Provincial Courts or by the Criminal Division of the National Court, provided they terminate the proceedings due to lack of jurisdiction or dismissal without prejudice.

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