[…]
Article 342. Content of the judgment. The final judgment shall contain:
a) The name of the court and the date judgment is delivered; identification of the accused
and of the accuser or accusers;
b) A brief description of the facts and circumstances that were the object of the
accusation; if appropriate, the harm whose reparation is claimed in the civil action and
the claim for redress, and the exculpatory arguments alleged by the accused;
c) A clear, cogent and complete description of each of the facts and circumstances that
the court found proved, whether favorable or unfavorable to the accused and an analysis
of the evidence that supports those conclusions in accordance with article 297;
d) The legal and doctrinal reasons used in the legal classification of each of the facts and
circumstances, and to found the judgment;
e) The decision to either convict or acquit each of the accused of each of the offenses
they were accused of in the indictment; the ruling on any civil liability the accused may
have and on the amount of compensation, if appropriate;
f) The ruling on the costs of the proceedings, and
g) The signature of the judges who delivered the judgment.
The judgment shall always be drawn up by a designated member of the collegiate court,
and the dissenting or separate opinion shall be prepared by its author. The judgment shall indicate
the name of the judge who prepared it, and that of whoever dissents or provides a separate opinion.
Article 372. Appeal for annulment. The appeal for annulment is granted to invalidate the oral trial
and the final judgment, or only the latter, for the reasons expressly indicated by law.
It shall be filed in writing within ten days of notification of the final judgment before the
court that conducted the oral trial.
Article 373. Reasons for the appeal. The declaration of nullity of the oral trial and of the judgment
shall be admissible:
a) When rights or guarantees recognized in the Constitution or international treaties in
force in Chile have been violated during the trial or in the judgment, and
b) When there has been an erroneous application of the law in the judgment that has
substantially affected the outcome.
Article 374. Absolute grounds for annulment. The trial and the judgment shall be annulled,
whenever:
a) The judgment has been delivered by a court lacking jurisdiction, or one that was not
composed by legally appointed judges; when it has been delivered by a guarantee judge
or with the presence of a judge of an oral criminal trial court who is involved with the law,
or whose disqualification was pending or has been declared by a competent court, and
when it has been decided by fewer votes or delivered by fewer judges that required by
law, or by judges who have not attended the trial;
b) The hearing of the oral trial took place in the absence of any of the persons whose
continued presence is required, under pain of nullity, by articles 284 and 286;
c) The defense has been prevented from exercising the rights that the law grants him;
d) The legal provisions on the continuity and the public nature of the trial have been
violated during the oral trial;
e) The judgment has omitted any of the requirements established in article 342,
subparagraphs (c), (d) or (e);
f) When the judgment has been delivered infringing the provisions of article 341, and
g) When the judgment delivered is contrary to another criminal judgment that is res
judicata.
(…)
304
Article 381. Information to be provided once the appeal has been admitted. When the appeal has
been admitted, the court shall forward to the higher court a copy of the final judgment, the record of
the hearing of the oral trial or the specific actions during the trial that are being contested, and the
brief in which the appeal was filed..
(…)
304
Articles 376 to 383 of the Criminal Procedural Code regulate the requirements for, and the filing of, the appeal brief,
the determination of the competent court, the causes of inadmissibility, the effects of admission of the appeal, the
background information to be forwarded to the higher court once the appeal is admitted, and the actions to be taken before
it is decided.
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