9
39.
Pursuant to Articles 410 and 411 of the Code of Criminal Procedure, the review must be
pursued by means of a written motion before the proper court of cassation and “matters that were not
discussed and settled in the cassation proceedings” may not be raised, “except for when they are based
on new grounds or evidence.”
2.
Law for the Opening of Criminal Cassation No. 8503 of 2006
40.
On June 6, 2006, Law No. 8503 was published with the title “Law for the Opening of
Criminal Cassation (Ley de Apertura de la Casación Penal).”14 Said statute amended several articles of
the Code for Criminal Procedure.
2.1
Writ of reversal on Cassation (recurso de casación)
41.
With regard to the petition for a writ of reversal on cassation, Article 447 provided that
“the Court of Cassation may declare the petition inadmissible, if it finds that the decision is not subject
to challenge, that the petition has been filed tardily or that the party is not entitled to contest, in which
case it shall so declare and send the case file back to the original court.” Article 449 established that
“evidence may be introduced by the parties, when the petition for writ of cassation is based on a
procedural defect and the way in which the [procedural] act has been conducted is at issue, as opposed
to what was stated in the proceedings, on the record at hearings and trial, or in the judgment of
conviction.”
42.
Article 449 bis provided that the court of cassation “shall evaluate the admissibility of
the claims pleaded in the petition and the basis for them, by examining the case file of the proceedings
and the hearing record, so that it can assess how the trial judges evaluated the evidence and supported
their decision.” Additionally, Article 369 listed new grounds under ‘defects of the conviction’, which
constitute valid grounds for cassation. In this regard, subsection j) was added, establishing the
circumstance of a judgment of conviction, which “has not been rendered under due process of law or
with an opportunity for a defense.”
2.2
Motion for review of criminal conviction (procedimiento de revisión)
43.
With regard to the motion for review of conviction, Article 410 established that “it shall
contain, the concrete reference to the grounds on which it is based and the applicable provisions of the
law. Additionally, the documentary evidence that is involved shall be attached and, as the case may
warrant, the place or archive where it is located shall be indicated. Also, evidence in support of the
grounds for the review being sought shall be introduced.”
2.3
Status of persons who, at the time of enactment of this statute, had already received
final conviction
44.
As for persons convicted of a crime on a date prior to [enactment] of Law No. 8503,
transitional Article I thereof established that “anyone who may have been hindered from petitioning for
14
Annex
2.
See:
http://www.pgr.go.cr/scij/scripts/TextoCompleto.dll?Texto&nNorma=57329&nVersion=62910&nTamanoLetra=10&strWebNor
mativa=http://www.pgr.go.cr/scij/&strODBC=DSN=SCIJ_NRM;UID=sa;PWD=scij;DATABASE=SCIJ_NRM;&strServidor=\\pgr04&st
rUnidad=D:&strJavaScript=NO.