criminal cases” was published, effective as of December 9, 2011. 208 Said statute created and
regulated the admissibility and processing of appeals. Article 459 established admissibility
requirements for a motion to appeal judgments as follows: “the motion to appeal a judgment
shall allow for a comprehensive examination of the judgment, when the interested party
alleges disagreement with the determination of the facts, the introduction and evaluation of
evidence, the legal grounds or the establishment of the sentence. The appellate court shall
rule on the points that are expressly contested, but shall declare, even ex officio, the absolute
defects and violations of due process that are found in the judgment.” Subsequent articles
also regulate the filing, processing, possible hearing and the circumstances under which
evidence may be taken. 209
170. In addition, Article 468 reformed the grounds for filing an appeal in cassation: i) the
existence of contradictory precedents issued by the appellate courts, or between the latter
and the Chamber of Criminal Cassation, and ii) when the judgment does not observe or
erroneously applies a substantive or procedural legal precept. 210 In turn, it eliminated
subparagraph g) of Article 408, 211 which provided for the filing of an appeal in cassation when
the judgment had not been issued through due process or an opportunity for defense. 212
171. With regard to persons whose conviction became final or whose appeals on cassation
were pending before the entry into force of this law, transitory provision III stipulated that:
“In all matters that have a final judgment at the time of the entry into force of this Law, and in which the
violation of Article 8(2) (h) of the American Convention on Human Rights has been previously alleged, the
convicted person shall have the right to file, only once, during the first six months, a judgment review
procedure that shall be heard according to the competencies established in this Law, by the former Courts of
Cassation or the Third Criminal Chamber [of the Supreme Court]. In those matters that are pending resolution
and in which a violation of Article 8(2)(h) of the American Convention on Human Rights has been previously
alleged, the appellant shall be given a period of two months to convert his or her petition for writ of reversal
on cassation into a motion of appeal, which shall be presented before the former Courts of Cassation or the
Third Chamber, as appropriate, which shall forward the case file to the new Courts of Appeal for resolution.
Under penalty of admissibility, the grievance must be specifically stated.” 213
B.
Criminal proceedings related to the alleged victims of Groups 2, 3, 4 and 7 214
B.1. Group 2: Rafael Antonio Rojas Madrigal
B.1.1. File N° 99-000136-065-PE (Use of false document)
B.1.1.1. First judgment N° 172-2000 and cassation appeals filed
Cf. Law No. 8837 of 2010 of “Law creating a conviction appeal procedure, other reforms to the appeals
system
and
implementing
new
rules
on
oral
proceedings
in
criminal
matters”
See:
http://www.pgrweb.go.cr/scij/Busqueda/Normativa/normas/nrm_text_completo.aspx?param2=1&nValor1=1&n
Valor2=68077&nValor3=101879&nValor4=NO&strTipM=TC
209
Cf. Law No. 8837 of 2010, Articles 460, 461, 462 and 463 (evidence file annex 1 of the State’s answering
brief, folio 28482).
210
Cf. Law No. 8837 of 2010, Article 468 subparagraphs a) and b) (evidence file annex 1 of the State’s
answering brief, folio 28484).
211
Cf. Law No. 8837 of 2010 (evidence file annex 1 of the answering brief, folio 28480).
212
Cf. Law No. 7594 of 1996 Article 408, subparagraph g). “When the judgment has not been rendered
under due process of law or with an opportunity for a defense.”
213
Cf. Law No. 8837 of 2010 (evidence file annex 1 of the State’s answer, folio 28489).
214
The Court points out that, in several cases, it did not receive briefs in which the alleged victims or their
defense attorneys filed the appeals described below. In those cases, this Court extracted the reasons or arguments
offered from the summary of the decisions or judgments issued by the different courts that decided these appeals.
208
57