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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.