This is article 350 of the Federal Criminal Procedure Code. Now the Supreme Court vindicated the importance of the body that acts as a reviewing entity.
The Supreme Court of Justice declared this Wednesday the constitutional invalidity of the rule that excludes the jurisdiction of the Federal Court of Criminal Cassation to intervene in challenges that come from the Appeals Chambers in the exercise of their functions as review judges.
The case came to Highest Court from the challenge of the defense of an accused who had agreed through an abbreviated trial to the effective sentence of four years and four months in prison plus the minimum fine established by law, for the crime of transporting narcotics.
However, when the agreement was modified, the official defense decided to challenge that sentence, based on the changes made by the court to the detriment of the accused, specifically in the method of execution of the sentence, as well as having ordered the confiscation of a car.
In order to transfer the case to the Court, the defense cited article 350 of Federal Criminal Procedure Code which provides: “When the decisions of the review judges indicated in article 53 of this Code involve federal issues, they will be considered the superior court of the case and “Its decision will be considered final judgment for the purposes of the extraordinary appeal before the Supreme Court of Justice of the Nation.”
However, the Court stated that Although the constitutionality of the aforementioned article is not in discussion, they do not find sufficient reasons in it to remove from the Federal Chamber of Criminal Cassation the competence to exercise its review activitywith respect to the sentences handed down by judges with review functions, in relation to the decisions of judges with guarantee functions.
At the same time, he indicated that the regulations violate the function of preserving the role of the Court as the ultimate constitutional interpreter and in turn it contradicts the principle of reasonableness established in the constitution.
That is why its competence will be reserved once the Federal Court of Criminal Cassation exhausts its jurisdiction in the resolution of federal issues raised in a procedure.
In conclusion, the Supreme Court sent the proceedings to the court of origin so that the defense can challenge in accordance with the established standard and declared the unconstitutionality of article 350, third paragraph of the Federal Criminal Procedure Code.
Source: Ambito
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