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- Title
LA VIOLACIÓN INDIRECTA DE LA LEY SUSTANCIAL POR ERRORES DE HECHO EN CASACIÓN PENAL.
- Authors
Ángel Muñoz-García, Miguel
- Abstract
The paper reviews the causals of criminal cassation related with the factual errors in evidence examination. Specifically, it analyses the methodologies used by the Criminal Appeal of the Supreme Court of Justice. The objective is to make an analysis of them and contextualize their structures and objectives related with their concept of truth from the cognitive model in the criminal process. From the review it is pointed out that the applicant should analyse the test affected by the error in iudicando. In order to do this, it must be recognized if there is an ignored test, in what is known as false judgment of existence. Alternatively, it must be acknowledged their true essence in the case of false judgment of identity. It is expected that this analysis must be based on the “common knowledge”, it must integrate the evidence collection studied by the judges and must consider the transcendence of the factual errors.
- Subjects
CRIMINAL law; CRIMINAL courts; LEGAL judgments; APPELLATE procedure; LEGAL evidence; CRIMINAL justice system
- Publication
Vniversitas, 2016, Vol 65, Issue 133, p139
- ISSN
0041-9060
- Publication type
Article
- DOI
10.11144/Javeriana.vj133.vils