ARTICLE 156°.- Compliance with deadlines. The courts and the Public Prosecutor`s Office are obliged to respect and enforce the time limits set during the proceedings. Without prejudice to other legally equivalent measures, judges, prosecutors and, where appropriate, public defenders shall be subject to disciplinary measures by the Attorney-General of the Public Prosecutor`s Office, the provincial defence lawyer or the Supreme Court in the event of failure to comply with deadlines. Members of the profession who have participated in the criminal proceedings and have not complied with the time limits laid down shall also be subject to ex officio disciplinary measures by the Court, without prejudice to the separation of cases and the transmission of their documents to the disciplinary court of the college concerned or to the person concerned. (Article 156 in accordance with Article 2 of Law No. 13.746) TITLE IV BIS (Title III of Book V, Law 12734) APPEAL CHAPTER I ORIGIN ARTICLE 478 VI (Article 394, Law 12734). Origin. This remedy may not be inferred: (1) In the cases expressly provided for by law. 2) Against decisions that cause irreparable burden. (3) Against final judgments. 4° Against orders ruling on the act, sanction or precautionary measure. (5) The decisions rejecting the Agreement provided for an accelerated procedure or the suspension of the procedure.
This appeal may also be inferred by the accused if one of the cases admitted by the application for review applies. ARTICLE 478 VII (Article 395, Law 12734). Admissibility requirement. If the appeal is based on a procedural defect, admissibility requires that the applicant has requested correction in good time or lodged an opposition to the appeal, unless there are absolute irregularities leading to the annulment. ARTICLE 478 VIII (Article 396 of Law 12734). Resources of the Public Prosecutor`s Office. The prosecutor may challenge: (1) the dismissals. (2) Acquittals.
(3) Convictions. 4. The orders referred to in the preceding article. ARTICLE 478 IX (Article 397, Law 12734). Legitimization of the accused. The defendant may contest the following: (1) The conviction. (2) A judgment of rejection or acquittal imposing a precautionary measure. (3) Orders imposing precautionary measures or refusing to cancel or suspend the sentence, stay of proceedings or shortened proceedings. CHAPTER II PROCEDURE ARTICLE 478X (Article 398 of Law 12734). Insertion. The appeal must be filed with the written court duly reasoned and signed by the lawyer within ten (10) days in the case of a judgment, three (3) days in the case of the application of a precautionary measure and five (5) days in other cases.
On this occasion, reference is made in particular to the errors of judgment in which they are deemed to have been committed, to the legislation deemed to have been infringed or misapplied, to the claim to be invoked and each ground must be indicated separately with its basis. The disputer may request the disclosure of evidence if a new fact is alleged which could affect the decision of the case or if the evidence presented by the applicant has not been applied for reasons beyond his control. ARTICLE 478 XI (Article 399, Law 12734). Excuse me. Constitution of the Court. After the expiry of the above-mentioned time limits, the case is immediately transferred to the Court of Appeal and the parties determine the place of residence and the manner of receipt of communications. If the number of judges permits, the Tribunal shall be integrated by drawing lots or by a similar system, which shall be carried out before the Office of Administration of Justice and in accordance with the regulations to be enacted. The integration will be communicated to the parties and appointees for the purposes of any challenges or apologies from which it may arise. ARTICLE 478 XII (Article 400 of Law 12734). Inadmissibility and rejection. If formal defects are found in the application initiating proceedings, the court must order the challenger to remedy them within five days, failing which they will be inadmissible.
ARTICLE 478 XIII (Article 401, Law 12734). Step. After the opening of the appeal, the procedure is made available to the parties for consideration for a joint period of ten days. On expiry of the time limit, the President shall convene oral proceedings at intervals of at least three days and depending on the urgency or complexity of the case, during which the evidence is presented and the parties heard, the reasons being extended or omitted for certain reasons, but may not introduce new evidence. with the exception of those for the request for review. ARTICLE 478 XIV (Article 402, Law 12734). Consideration. At the end of the procedure provided for in the preceding article, the judges shall meet to rule in accordance with the rules of joint judgment, insofar as they are applicable.
If justified by the importance of the issues to be resolved or the lateness of the hour, the consultation may be postponed to another date. The Chairman indicated the period of study of each member of the Group. The decision shall be taken within twenty (20) days, six (6) or ten (10) days after the end of the hearing and in accordance with the cases referred to in Article 398 in accordance with the provisions for which it is adopted in a joint procedure. ARTICLE 478 XV (Article 403, Law 12734). Decision. The judgment or order shall be delivered by majority vote and, as far as possible, in the order provided for in section 138; If this target is not met for the extent or amount of the penalty, the average of all votes is applied, if applicable. An appeal shall allow, within the limits set out in section 391, the issues in dispute to be examined and corrected. ARTICLE 478 XVI (Article 404, Law 12734). Total or partial withdrawal or cancellation. The court upholding the appeal shall annul or annul the contested decision in whole or in part and order the resumption of the activity concerned, indicating, where appropriate, the specific subject-matter of the new trial, procedure or decision.
If the decision leads to the acquittal of the accused, the cessation of the act or sentence, the lifting of a precautionary measure, or if it is clear that it is not necessary to conduct a new trial or procedure in order to render a new judgment or decision, the court shall decide directly without referral, provided that the defendant`s right to a double court of appeal is respected. ARTICLE 478 XVII (Article 405 of Law 12734). Detour. If it is referred to a new trial, judges who would have heard the previous proceedings cannot intervene. If the referral is based on an appeal by the accused, no heavier penalty may be imposed in the retrial than in the first trial. If a second acquittal is obtained at the retrial, this decision cannot be appealed. ARTICLE 478 XVIII (Article 406, Law 12734). Omission of the first instance judgment.
The court shall rule on the points omitted from the sentence of first instance, even if no clarification has been requested, unless this means aggravating the situation of the accused and the corresponding announcement is requested. ARTICLE 478 XIX (Article 407, Law 12734). Freedom of the accused. The court shall immediately order the release of the accused if his detention is to be lifted by virtue of its decision. ARTICLE 478 XX (Article 408 of Law 12734). Communications. All judgments of the Court of Appeal must be notified to the uniform criminal record. TITLE V ACTION AGAINST THE INAPPLICABILITY OF THE LEGAL DOCTRINE ARTICLE 479. Admissibility. An appeal against the inapplicability of legal doctrine is admissible only against a final judgment which contradicts the interpretation of the law established by one of the Chambers in criminal matters or in its plenary session during the five years preceding the date of the judgment under appeal. Amended by Law 9.181 Art.1 (OJ 24/03/1983) ARTICLE 480. The disclosure of documents shall not be admitted, evidence and new facts denounced, and the members of the Tribunal may not be challenged.
ARTICLE 481 Foundation. The act bringing the action shall specify the opposition.