42 f) in the judgment, the court did not consider proven the fact that after the death of the minor Mr. Fermín Ramírez had intercourse with the corpse, and therefore the incorporation of new facts in the criminal procedure did not exist; g) regarding the change of the legal classification of the act, the Trial Court acted in accordance with Article 388 of the Code of Criminal Procedures, which grants it the power to give the act a classification different to the one included in the indictment or the order for trial to commence. To adopt its decision, the Court must assess all the evidence produced in the debate pursuant to the rules of competent analysis; h) the court established, pursuant to the evidence produced, that the cause of death of the minor fit the crime of murder. It is irrelevant if the sexual rape was committed before, during, or after the minor was murdered. The important thing for the classification of the crime is the determination of the causes of the death; i) based on the facts presented in the indictment and established through the evidence produced in the debate the dangerousness revealed by Mr. Fermín Ramírez in committing this crime is assumed. The trial court considered that Mr. Fermín Ramírez incurred in six of the eight aggravating circumstances that allow the classification of the crime as murder; and Regarding the violation of Article 25 of the American Convention j) during the process the right to legal protection was respected. Mr. Fermín Ramírez had access to the remedies included in the internal legislation. The right to exercise them was not breached. Considerations of the Court 58. Article 8(1) of the American Convention states: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 59. Likewise, Article 8(2) of the Conventions states that: 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b) prior notification in detail to the accused of the charges against him; c) adequate time and means for the preparation of his defense;