Criminal cassation and extraordinary remedies
Preparation, filing and response to extraordinary remedies aimed at challenging criminal judgments, correcting material legal errors and protecting fundamental procedural guarantees.
Discuss the caseA stage that demands specialized technique
Criminal cassation is not a matter of repeating the arguments raised at trial or on appeal. It is an extraordinary remedy subject to specific grounds, requirements and forms of argument.
Before filing the petition, the legally relevant error must be identified, its impact on the judgment established, and a precise, complete challenge built that is consistent with the case record.
Matters we handle
Cassation petition
Review of the judgment, selection of the applicable ground and technical construction of the charges.
Response to the petition
Representation of the opposing party against the arguments raised in the extraordinary remedy.
Special appeal
Defense of the right to challenge the first conviction issued against a person within the criminal proceeding.
Review proceedings
Analysis of exceptional situations that may justify reviewing a final judgment.
Evidentiary errors
Review of false findings, omissions, distortions or assessments that may have affected the decision.
Due process and nullities
Identification of substantial irregularities that may have compromised fundamental guarantees or the structure of the proceeding.
Cassation is not a third instance
The Court does not automatically conduct a new trial or freely review the entire proceeding.
The petition must demonstrate a specific error, its legal relevance and its capacity to affect the outcome of the decision. The choice of ground and the way the charge is framed are decisive.
Comprehensive review of the proceeding
The analysis may cover:
- First-instance judgment.
- Second-instance decision.
- Trial record and proceedings.
- Evidence discussed in the case.
- Arguments raised on appeal.
- Applicable rules and case law.
- Possible due-process violations.
- Practical effects of the challenged decision.
This analysis is carried out as part of a broader strategy of criminal defense and representation and defense throughout the criminal proceedings.
When should the remedy be assessed?
Viability should be assessed as soon as the second-instance judgment or the first conviction issued within the proceeding becomes known.
Not every disagreement with a ruling opens the door to cassation. The outcome depends on the type of error, the prior procedural history and the requirements applicable to the specific case.
Frequently asked questions
Not freely. Evidentiary challenges must be raised through the errors and grounds recognized by law.
No. It is an extraordinary remedy subject to specific technical requirements.
An appeal allows an ordinary review of the decision. Cassation has stricter grounds and argumentative requirements.
It is the mechanism that protects the right to challenge a first conviction issued by an authority that had previously reviewed the case in another capacity.
No. It depends on the applicable mechanism, the procedural stage and whether a legally sustainable ground exists.
Yes. The information and documents provided to review the case are protected by professional privilege.
Related publications
Consultation on a criminal judgment or remedy
The consultation allows for review of the decision, the procedural stage, possible legal errors and the available options.
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