Giroldi HORACIO 07/04/1995 CSJN
Read complete failure: Horacio D. Giroldi and another
The Oral Criminal Court No. 6 of Cap. David Horacio Fed Giroldi convicted and sentenced to one month imprisonment suspended, as the author criminally responsible for the crime of simple theft is attempted. The public defender appealed. The merits of the case filed in the constitutionality of the limit imposed by Section 459, inc. 2 of the Code of Criminal Procedure of the Nation, for going against the provisions of Article 8, inc. 2, ap. h) of the American Convention on Human Rights, which gives every person accused of a crime the right "to appeal the ruling to a higher court." The National Chamber of Criminal Appeal Chamber I rejected the charge of unconstitutionality and gave rise to the complaint the Supreme Court, which declared admissible. Fundamentals
The lower court held that "by virtue of the objective limits laid down in Arts. 458 to 462 of the Criminal Procedure Code there is no possibility of appeal or unconstitutional ... and the cause has deceased without appeal, so his decision is final and it fits against the extraordinary appeal "
The Court stated that before the constitutional reform of 1994 which conferred constitutional status to several international agreements (Art. 75, para. 22, para. 2), must determine whether within the criminal procedural system are the national and procedures to give adequate satisfaction the constitutional guarantee in question.
can be argued that in the case of cars, the special appeal is not an effective remedy to safeguard the security of two hearings to be followed within the framework of criminal proceedings as a minimum guarantee to every person accused of a crime
Camera Criminal Appeals Court was created precisely to know, by way of appeals and unconstitutional - and even review - of the sentences handed down on points that make your competition, both in criminal courts as oral courts in the correctional facility.
"That the above determined that the most appropriate to ensure the security of appeal in criminal matters under the American Convention on Human Rights (Art. 8, inc. 2, ap. h), is to declare the constitutional invalidity of the limitation set forth in Article 459, inc. 2 of the Code of Criminal Procedure of the Nation, as forbidding the admissibility of the appeal against the verdicts of the courts in criminal cases because of the amount of the penalty "
The constitutional status of the Convention has been established by the express will of the constituent .
"That, consequently, this Court, as the supreme body of one of the powers of the Federal Government, it belongs - to the extent of its jurisdiction - implement international treaties that the country is linked in the terms described above, as otherwise would be liable for the Nation against the international community. In this regard, the Court defined the scope of Article 1 of the Convention, as States parties must not only respect the rights and freedoms recognized in it "but also" ensure the free and full exercise to all persons subject its jurisdiction. " According to this Court, "guarantee" means the State's duty to take all necessary measures to remove obstacles that may exist for individuals to enjoy the rights the convention recognizes. Therefore, the state which tolerates circumstances or conditions that prevent individuals from accessing the appropriate remedies to protect their rights is a violation of Article 1.1 of the Convention (Advisory Opinion No. 11/90 of 08/10/1990 - "exceptions to the exhaustion of remedies" - para. 34). Ensure likewise include "the duty of States Parties to organize the governmental apparatus and, in general, all the structures through which power is exercised public so that they are capable of juridically ensuring the free and full exercise of human rights " (Id., paragraph 23). "
For all that is stated from the complaint and the extraordinary appeal and annulling the ruling appealed.
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