They call on SCJ admit appeals

The lawyer Juan Antonio Delgado yesterday expressed his concern over the possibility of new judges of the Supreme Court of Justice feel tempted to continue with the practice harmful to declare inadmissible appeals in criminal matters with parties to conflict to that jurisdiction without examining the substance of these resources.

Delgado expressed concern in that this practice could be maintained, in order to reduce the heavy workload faced by the judges of the Supreme Court, with the legal obligation to decide in a very short time. Specialist in criminal law, in exclusive statements to LISTÍN DIARIO, said that he was contrasting and difficult to understand, that being the most delicate of all criminal matters because it brings into play the freedom of individuals, is at the same time the only one in which the law allows the Supreme Court not to admit remedies of Cassation and to prevent the parties, with a u000asimple administrative resolution, to consider the merits of their resources.

"What has been happening in the country after the entry into force of the new code of criminal procedure, in 2004, has brought an appeal in criminal matters in a State of agony, because any statistical review would reveal that the Supreme Court of Justice has inadmitido arbitrarily, with generic, vague, imprecise formulas and no reason"", the vast majority of appeals, which places the citizens in a State of helplessness, leaving criminal appeal in the hands of caprice and arbitrariness", said the lawyer. Thin argued that the majority of the criminal important processes, emphasizing example so-called "Bank cases", were dispatched with simple administrative decisions without reasons, which in any part of the world would trigger a reaction of amazement and censure by the community u000alegal.

Said he hoped that the current SCJ, built into its criminal court and their house by new judges, with a view to more clearly on the principles of due process, when they understand that they should declare an inadmissible action does not conform to the grounds established by the code of criminal procedure, remember they are obliged to give sufficient reasons to justify the conviction means.

"It is expected that such decisions tend to not admit remedies of Cassation in criminal matters, would be source of many challenges before the Constitutional Court, causing the first reason for dispute between the judgements of the Supreme Court of Justice and the new constitutional jurisdiction".

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