Admissibility Art. 456. The remedy of cassation may be filed for the following reasons: 1) Non-compliance with or wrongful application of the substantive law. 2) Non-compliance with the norms established in this Code regarding inadmissibility, extinction or nullity, provided that, with the exception of cases of absolute nullity, the appellant has filed a claim to remedy the defect opportunely if this was possible, or declared that he will file an appeal in cassation. Decisions subject to appeal Art. 457. In addition to the cases especially provided for by law and subject to the limitations established in the following articles, this remedy may be filed against final judgments and court orders that terminate the action or the sentence, or that make it impossible to continue the proceedings, or that deny the extinction, substitution, or suspension of the sentence. Cassation for violation of the law Art. 470. If the contested decision did not observe or wrongfully applied the substantive law, the Court shall annul it and decide the case according to the law and the legal doctrine declared applicable. Annulment Art. 471. If the procedural norms were breached, the chamber shall annul the proceedings and refer the case to the appropriate court for trial. 251. Meanwhile, the Code of Criminal Procedure of the province of Mendoza also establishes the appeal in cassation: 323 Admissibility Art. 474. Grounds. The appeal in cassation may be filed for the following reasons: 1) Non-compliance with or wrongful application of the substantive law. 2) Non-compliance with the norms established in this Code regarding inadmissibility, extinction or nullity, provided that, with the exception of cases of absolute nullity, the appellant has filed a claim to remedy the defect opportunely, if this was possible, or declared that he will file an appeal in cassation. Art. 475. Decisions subject to appeal In addition to the cases especially provided for by law and subject to the limitations established in the following articles, this remedy may be filed against final judgments and court orders that terminate the action or the sentence, or that make it impossible to continue the proceedings, or that deny the extinction, substitution, or suspension of the sentence. 252. The foregoing reveals that the appeal in cassation is regulated in similar terms in the legislation applicable to the federal capital and that applicable in the province of Mendoza. Consequently, the analysis made in this chapter will take this situation into account. 253. According to the legislation in force at the time of the facts, a conviction could be contested by an appeal in cassation in two situations: (1) erroneous application of the substantive law to the facts of the case, and (2) violation of any of the procedural rules. In the first situation, “the facts considered proved during the oral hearing are not discussed, […] but rather, the substantive legal rule that the court applied to decide the case is questioned.” 324 In the second situation, “the facts that the trial court found to have been proved are not discussed either, but rather […] the way in which the court reached [that 323 Cf. Code of Criminal Procedure of the province of Mendoza (file of annexes to the submission of the case, tome VIII, folio 4259). 324 1295). Cf. Expert opinion of Alberto Bovina provided by affidavit on August 24, 2012 (merits file, tome II, folio 82

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