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

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