¿En casación penal hay lugar a violación directa de la ley Sustancial para atacar sentencia condenatoria fundada Exclusivamente en prueba de referencia?

Abstract

Although the Supreme Court - Chamber of Cassation considers that attacking a judgment that is exclusively based on reference evidence, which is against the article 381.2 CPP, constitutes an indirect violation of the substantial law, because to a legal error due to a false conviction and this meaning has allowed fundamental guarantees such as the right of defense to be violated and with this, the principles of contradiction, confrontation and immediacy of the evidence, this legal document proposes, as an alternative to a solution based on the rules of criminal cassation, which the way to attack a judgment based on reference evidence, is the direct route for lack of application of the rule. The method applied is the study of the jurisprudential line sustained over the last four years in terms of reference evidence, negative legal fee and the handling it receives, as a solution through the false reasoning of conviction. As a result of the study it will be indicated, why it is more viable to go to the direct route as a form of attack in the cassation. It will be concluded with all of the above, that the alternate route with more probability of success, despite holding a contrary majority stance by the High Court, is to proceed by the direct route of the substantial law because this error of law ignores the article 381.2 CPP.