Overview

Criminal cassation as an extraordinary remedy in the Colombian legal system shows a high trend in terms of the inadmissibility of claims; although no official statistics have currently been compiled in this regard, as those that are offered are limited to the prosperity or lack thereof with respect to the appeal once it has been admitted, it is relevant to analyse the possible cognitive and conceptual shortcomings that could be the cause of this empirically observed assumption. It is therefore proposed to study the basic principles of criminal cassation in Colombia, considering that the technical deficiency found in the construction of complete legal propositions in these proceedings finds its main substrate in the failure to observe them at the time of the formulation and substantiation of the claims, causing the loss of this extraordinary opportunity for substantive defence.

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