Abstract

MUNOZ-GARCIA, Miguel Ángel. THE INDIRECT VIOLATION OF THE SUBSTANTIAL LAW BY FACTUAL ERRORS IN CRIMINAL CASSATION. Vniversitas [online]. 2016, n.133, pp.139-190. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana/vj133/vils.

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 iu- dicando. 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 offalse 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.

Keywords : Cassation; truth; false judgement of existence; false judgment of identity; rules of common knowledge.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )