The facts of the case relate to the sentencing of Carlos Alberto Mohamed for culpable homicide as a result of a traffic accident of which he was part and as a result of which a person died. In the first instance, the victim was absolved of all charges against him as it was considered that his responsibility for the events had not been sufficiently established. However, following an appeal presented by the District Attorney’s Office, he was subsequently sentenced. The criminal proceedings against him did not establish any legal recourse for the revision of the sentence, which was considered to violate the victim’s right to appeal the judgment.

The IA Court advanced in the analysis of the right to appeal as a guarantee of all individuals before the State, and not just as a rule of design in the configuration of State legal systems.