Suprema - Rol N° 11226-2015

Supreme Court remits nullity appeal on femicide and homicide charges, considering right to defense and mental state arguments, to the Court of Appeals for resolution.

• Nombre appealed a conviction for femicidio frustrado and homicidio calificado, alleging violations of the right to defense.
• The defense invoked Article 373, letters a) and b) of the Code of Criminal Procedure, specifically arguing that the accused's state of insanity or impaired mental capacity at the time of the offenses was not properly addressed due to a failure to present relevant evidence.
• The defense claimed the accused's mental state (schizophrenia, lack of medication, substance abuse) should have been considered for diminished responsibility or lack of culpability.
• The prosecution argued for the inadmissibility of the appeal due to a generalized petition and requested remission to the Court of Appeals for substantive review.
• The Supreme Court recognized the defen...