Disregard of the standard of proof: an evidence of admissibility of the cassation claim

Abstract

In the judicial proceedings, problems regarding the evidence are continually raised according to the particular circumstances of the case, so that the final decision depends, among other things, on the guarantee by the judge so that a test is complete, effective and effective within of process. Thus, in a criminal proceeding, the acquittal or conviction will depend on whether the judge has proven or not proven the commission of the criminal conduct with the procedural and evidentiary requirements that are imposed on his conviction. In this sense, particular conditions arise that prevent the knowledge judge from specifying circumstances that provide the defendant with the maximum possible guarantee when evaluating the evidence; therefore, de facto errors occur at the time of the evaluation of the probative material, either by suppressing or supposing the existence of the same, cases in which a correction mechanism must be viable, which guarantees reliability, effectiveness , efficiency and, above all, justice in a judicial decision. In this way, it is pertinent to provide a solution to this type of problem, where the non-application of a probatory standard turns out to be the justification for the exercise of an exceptional resource as the most appropriate alternative to achieve the aforementioned purposes. In this sense, an analysis will be made about the effectiveness of the jurisdictional process, the function of the standard "beyond a reasonable doubt" in the application to the criminal law, it will establish how the evidentiary value operates according to said standard; to later identify the decisive nature of the factual error that judges make when evaluating the probative material; Finally, explaining why the admissibility of the appeal against these cases of inattention to the standard of proof.