an appropriate mechanism to rectify an erroneous conviction.298 This requirement is
closely related to the following.
d)
Allowing a comprehensive review or examination of the judgment appealed: it
must ensure the possibility of a comprehensive examination of the decision appealed. 299
Therefore, it must permit an analysis of the factual, probative and legal issues on which
the contested judgment was based because, in jurisdictional activities, the determination
of the facts and the application of the law are interdependent, so that an erroneous
determination of the facts entails an erroneous or inappropriate application of the law.
Consequently, the grounds for the admissibility of the appeal should make it possible to
carry out a comprehensive examination of the contested aspects of the adverse
judgment.300 In this way, it is possible to obtain a two-stage judicial ruling, because the
comprehensive review of the judgment permits the reasoning to be confirmed and
grants greater credibility to the State’s jurisdictional action, while providing greater
security and protection to the rights of the person who has been convicted.301
e)
Available to anyone who has been sentenced and convicted: the right to appeal the
judgment cannot be effective if it is not guaranteed to everyone who has been
sentenced and convicted, because the sentence is the expression of the exercise of the
State’s punitive powers. It must be ensured even to the individual who has been
sentenced in a judgment that revokes an acquittal.302
f)
Observing the minimum procedural guarantees: appeal regimes must respect the
minimum procedural guarantees that, pursuant to Article 8 of the Convention, are
pertinent and necessary to decide the errors asserted by the appellant, without this
entailing the need to conduct a new oral trial.303
b) The appeal system under the Criminal Procedural Code of Chile
(Law No. 19,696 of 2000)
271. The Criminal Procedural Code also introduced substantial variations in the appeals
regime adopted. It determined that “decisions issued by an oral criminal trial court could not
be appealed” (Article 364) and established the appeal for annulment as the only means of
contesting (“to invalidate”) the oral trial and the final judgment (Article 372).
272. The main pertinent provisions concerning appeals are transcribed below, as well as
article 342 of the Criminal Procedural Code, which establishes the contents required of a
judgment under pain of nullity, and article 297 on the assessment of the evidence, referred to
article 342.c of this code:
Article 297. Assessment of the evidence. The courts shall assess the evidence freely, but may not
disregard the principles of logic, the lessons of experience, and scientifically established knowledge.
The Court must refer in its reasoning to all the evidence produced, even the evidence that
it may have rejected, in that case indicating why it rejected it.
The assessment of the evidence in the judgment shall require an indication of the
evidence used to substantiate each of the facts and circumstances that were found proved. This
substantiation shall allow the reasoning used in order to reach the conclusions arrived at in the
judgment to be reproduced.
298
Cf. Case of Mohamed v. Argentina, para.100, and Case of Liakat Ali Alibux v. Suriname, para. 86.
299
Cf. Case of Herrera Ulloa v. Costa Rica, para. 165, and Case of Liakat Ali Alibux v. Suriname, para. 56.
300
Cf. Case of Mohamed v. Argentina, para.100, and Case of Liakat Ali Alibux v. Suriname, para. 86.
301
Cf. Case of Barreto Leiva v. Venezuela, para. 89, and Case of Liakat Ali Alibux v. Suriname, para. 49.
302
Cf. Case of Mohamed v. Argentina, para.92, and Case of Liakat Ali Alibux v. Suriname, para. 84.
303
Cf. Case of Mohamed v. Argentina, para.101, and Case of Liakat Ali Alibux v. Suriname, para. 87.
94
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents