10
a writ of reversal on cassation, based on the rules regulating the admissibility thereof on that date, may
pursue a review of judgment of conviction (revisión) before the competent court, pleading in each
instance, the wrong and the aspects of fact and law, which could not be heard in the cassation
proceeding.”
3.
Law No. 8837 of 2010 - “Law creating a conviction appeal procedure, other reforms to
the appeals system and Implementing new rules on oral proceedings in criminal
matters
45.
On June 9, 2010, Law No. 8837 was published and was titled the “Law creating a
conviction appeal procedure, other reforms to the appeals system and Implementing new rules on oral
proceedings in criminal matters.”15 It came into force on December 9, 2011. Said statute created and
regulated admissibility, filing procedures and processing of motions for appeal.
3.1
The new motion for appeal
46.
Article 459 established admissibility requirements for a motion to appeal as follows:
The motion to appeal judgment shall enable a comprehensive examination of the ruling, when
the interested party claims to be in disagreement with the findings of fact, the introduction and
evaluation of the evidence, the basis in law, or punishment established. The appeals court shall
rule on any items that are expressly contested, but shall declare, ex officio on its own initiative,
any absolute defects and infringements of due process that may be found in the judgment of
conviction.
47.
The articles subsequent to Article 459 regulated filing, processing, potential holding of
hearing, as well as circumstances in which it is admissible to introduce evidence.
3.2
Petition for writ of reversal on cassation
48.
Additionally, the writ of cassation was reformed, making it admissible when i) there are
conflicting precedents issued by the appellate courts, or between the appellate courts and the Chamber
of Criminal Cassation; and ii) the judgment of conviction fails to observe or erroneously applies a
substantive or procedural precept of law.
3.3
Status of persons, who at the time of enactment of this statute, already had a final
conviction or had filed a petition for writ of reversal on cassation, which has yet to be
settled.
49.
As for persons whose conviction became final and conclusive prior to this statute
coming into force, transitional provision II provides:
In all matters that have a final conviction at the time the instant law came into force, and in
which claims were made of a violation of Article 8.2.h of the American Convention of Human
Rights prior to that time, the person convicted shall be entitled by right to pursue, one time only,
15
Annex
3.
See:
http://www.pgr.go.cr/scij/busqueda/normativa/Normas/nrm_articulo.asp?nValor1=1&nValor2=68077&nValor3=81013&nValo
r4=&nValor5=2&nValor6=5/3/2010