b)
created the judgment appeals recourse so that all judgments and dismissals
issued in the trial phase are appealable.6 The appeals recourse “would enable the
complete examination of the judgment when the interested party disagrees with the
facts established, the incorporation and evaluation of evidence, the legal foundation
or the drawing up of the sentence. The High Court will pronounce the points that are
explicitly questioned, as well as stating, even ex officio, the absolute defects and
violations of due process found in the judgment.”7 Also, Law No. 8.837 provides for a
reduced number of reasons for inadmissibility of judgment appeals recourses as well
as stating that the procedure must be resolved even when defects exist in its
drafting. If such defects were to completely impede that the claim be heard, the
Tribunal of Appeal may act so that the party rectify them, pointing out the aspects
that must be clarified and corrected.8 Regarding evidence in the Tribunal of Appeal,
it provides that, “[for] a full review of the trial or sentence issued by the trial court,
through the judgment appeals recourse, the Tribunal, at the request of the party, will
have the power to examine the record of evidence presented at the trial, as long as
it is necessary, pertinent and useful for the goals of the appeal, the object of the
case or for the verification of an offense. The same procedure would be applied with
everything the accused says.” Also, Law 8.837 states that regarding testimony
evidence and expert witnesses that, exceptionally, it shall be given directly before
the Tribunal of Appeal, as well as in circumstances under which certain evidence can
be considered to be new. Additionally, it provides for the possibility for said Tribunal
of Appeal to use the available documentation system, so as to more readily monitor
what happened in the trial court.9 The Tribunal of Appeal would determine the
legality and grounds of the claims made during the appeal proceedings, so as to
assess that the way the trail judges weighed the evidence and on what they based
their decision.10 Finally, it regulates everything related to the order of the Tribunal of
Appeal and the retrial;11 and,
6
Cf. Article 458.- Appealable Orders, Code of Criminal Procedure, reformed by Article 4 of the “Law of
Creation of Creation of Recourses of Appeal of Judgments, other reforms to the regimen of challenges and
implementation of new rules of orality in the criminal process”
7
Cf. Article 459.- Origin of the Recourse of Appeal, Code of Criminal Procedure, reformed by Article 4 of the
“Law of Creation of Recourses of Appeal of Judgments, other reforms to the regimen of challenges and
implementation of new rules of orality in the criminal process.”
8
Cf. Article 462.- Processing, Code of Criminal Procedure, reformed by Article 4 of the “Law of Creation of
Recourses of Appeal of Judgments, other reforms to the regimen of challenges and implementation of new rules of
orality in the criminal process.”
9
Cf. Article 464.- Evidence in Appeals of Judgment, Code of Criminal Procedure, reformed by Article 4 of the
“Law of Creation of Recourses of Appeal of Judgments, other reforms to the regimen of challenges and
implementation of new rules of orality in the criminal process.”
10
Cf. Article 465.- Examination and resolution, Code of Criminal Procedure, reformed by Article 4 of the “Law
of Creation of Recourses of Appeal of Judgments, other reforms to the regimen of challenges and implementation
of new rules of orality in the criminal process.”
11
Cf. Article 465. - Examination and Resolution, supra note 10, and Article 466.- Referring trial, Code of
Criminal Procedure, reformed by Article 4 of the “Law of Creation of Recourses of Appeal of Judgments, other
reforms to the regimen of challenges and implementation of new rules of orality in the criminal process.”