The Criminal Chamber of the Supreme Court has authorized the filing of an appeal for review against a judgment of conformity in which the Court of Instruction number one of Arrrecife condemned a citizen for having been arrested after having been administratively deprived of the permit due to the total loss of points. And it is that, although he recognized the facts accepting the condemnation, later he realized that the loss of validity of authorization to drive was later.
Specifically, the sentence for which he was convicted was issued on September 3, 2018 after a quick trial and the declaratory resolution of loss of validity of the administrative authorization to drive was dated October 8. Therefore, two months after the ruling, the defense of the convicted person presented a writing before the Supreme Court, requesting the necessary authorization to file an extraordinary appeal for review, attaching documents from the General Directorate of Traffic, which accredited that his defendant "could at the time of the judicial resolution continue driving".
"Consequently, such circumstance unknown by the sentencing body, was not taken into account in its resolution, knowing, consequently, of some facts that started from the loss of all the points assigned to drive, which has been shown to be not accurate", the Supreme Court pointed out in an order issued on May 10. In it, he pointed out that it was appropriate to authorize the filing of the appeal for review, giving the convicted person a period of 15 days to present it.
Regarding the appeal for review, the Criminal Chamber of the high court details that "it is an extraordinary appeal in that, if it prospers, it supposes a breaking of the principle of respect for res judicata and the imperative need for certainty or security in the field of Law". Hence, it points out "that this legal institute can only be viable when it comes to healing demonstrably unfair situations in which the innocence of the defendant is evident with respect to the fact that served as the basis for the sentence of conviction".
