Ataque en sede de casación ante la motivación aparente, falsa o sofística

Abstract

When the attack in the Criminal Cassation of statements contains apparent motivation, false or sophisticate, it must lead to a judgment replacement; that is why it is essential to identify and apply the attack correctly. For this purpose, this work is presented, with the intention of providing theoretical tools to jurists who are seeking to sue to the Supreme Court of Justice in extraordinary appeal of cassation, adjudication under the third cause provided for in Law 906 of 2004, in the Article 181; this document in addition presents a guide for judicial operators, in order to invite them to accomplish the principles of logic and establish a full legal argument in their decisions to achieve a legal perception of security in the receiving society. The document presented here, heeds the thesis exposed by the well-known lawyer and philosopher Robert Alexy, "Theory of Legal Argumentation" as a guide and direction of the essence of the content described in the following pages, added to the theorists of modern logic as the case of Andrés Páez in his work "Introduction to the Modern Logic ", without ignoring important statements of national corporations, which determine a precedent of immeasurable worth.