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.”

Seleccionar párrafo de destino3