FD - Artículos de Revista

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Examinando FD - Artículos de Revista por Autor "del Río Ferretti, Carlos"

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    The appeal for criminal annulment and the typology of its grounds (errors)
    (Centro Estudios Derecho Penal, 2022-07) del Río Ferretti, Carlos
    This article addresses the technical considerations to understand of an appeal of a cassational nature, such as the appeal of annulment. In particular, it analyzes, first, the arguments that discuss the function itself of the application of objective law that corresponds to the judge, and therefore the possibility of protecting the observance of the law by means of an appeal of cassational nature. Secondly, it takes care of the analysis of the idea relative to the presumed impossibility that the control over the application of the law to the specific case is carried out in a segregated way, distinguishing its law elements from the one that are part of the factual judgement. Next, an exposition is made on the typology of grounds of the appeal for annulment, based on the types of substantive and procedural errors that can be denounced by means of their various grounds is made. This exposition clarifies the questions regarding the type of censorship that can be articulated for each ground for the appeal and the type of examination that may be required of the Court that decides the appeal. © 2022 Centro Estudios Derecho Penal. All rights reserved.
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    Ítem
    The normative conditions of the judgment of fact and the so-called principle of sufficient reason, for the purpose of the appeal for nullity in the Chilean criminal procedure. A procedural criticism
    (Instituto Brasileiro de Direito Processual Penal, 2022) del Río Ferretti, Carlos
    In this paper, a procedural analysis of the so-called principle of sufficient reason used in the Chilean criminal process is formulated. For this, it starts by establishing previous concepts on the normative conditions of the factual judgment in relation to the probative merit of the process, in order to examine in that framework and context the meaning and benefit that has been attributed to the principle of sufficient reason in the Chilean criminal process, and the consequences that derive from it for the correct application of the appeal for annulment. In this regard, a dogmatic reasoning is offered that aims to demonstrate that the principle in question is an unnecessary and erroneous concept in the Chilean legal system. © 2022 Instituto Brasileiro de Direito Processual Penal. All rights reserved.