9
right of due process or the right to defense, thus allowing for a comprehensive
review of the judgment";
(vi) the Law Extending Criminal Review introduced section 449 bis into the Code of
Criminal Procedure. Contrary to the classical views of cassation, “review of criminal
judgments [in Costa Rica] allows supervision of the facts and evidence”. Particularly
“in the case of requests for review based on a lack of justification and violation of the
rules of sound judgment, the goal is to challenge the proven facts and argue aspects
of the evidence received. Those actions allow for a wide variety of options for
requesting review, which becomes evident upon the incorporation of section 499 bis
to the Code of Criminal Procedure". Additionally, the Law Extending Criminal Review
provides that “the higher court may even rely on audio and visual recordings in
reviewing the challenged decision". Furthermore, as regards the possibility that the
Higher Court receives new evidence or evidence rejected at trial, the newly
incorporated section 449 bis of the Code of Criminal Procedure allows for evidence to
be submitted. The State further pointed out that “[i]n addition to the general
opportunity afforded the accused to offer evidence supporting his case, the accused
may also offer such evidence if it is essential to the request for review, provided such
evidence has been previously rejected; which, although expressly provided only with
respect to the Attorney General, the complainant and the civil plaintiff, it must be
interpreted so that the accused may do it too”;
(vii) additionally, pursuant to the terms of the Law Extending Criminal Review, a
persons who was convicted prior to the effective date of such law may challenge the
conviction on the grounds of violation to the right of due process or the right to
defense by filing a motion for review on the grounds of error, which covers a wide
range of situations. A person who “has been convicted prior to the effective date of
the Law Extending Criminal Review may file a motion for review to argue the issues
of fact and of law which could not be argued upon review because of the rules
governing the admissibility of the motion for review”; and
(viii) the statistical data submitted by the State with regard to the review
proceedings show “substantially low inadmissibility rates, […] which reflects the
broader criteria currently adopted and the total abandonment of the excessive
attachment to formality which the Costa Rican courts themselves have set out to
abolish". Additionally, the effectiveness of the supervision by criminal review courts
“is reflected in the high rate of court orders granting” motions for review.
20.
The State concluded that "in Costa Rica the motion for criminal review has departed
from what this method for challenging decisions has been in Europe and Latin-America" and
that the reform has resulted in "a complete reduction in formalities, which guarantees the
right to simple recourse to carry out a comprehensive review of the judgment convicting a
defendant". The Costa Rican review proceedings “have ceased to be strictly a review
proceeding to acquire a number of features of appellate proceedings".
21.
That the representatives “celebrate[d] the State’s efforts to comply with this part of
the Court’s Decision by enacting the aforementioned legislation. A legislative reform process
entails the complications inherent in a debate in a democratic society, so it is always
comforting to know that such a process is entertained pursuant to the judgment of an