César San Martín analiza el principio del doble conforme en el CPP

My first words are of deep gratitude to the distinguished and illustrious Superior Court of Lima Norte. The concept, the designation of illustrious, is a designation that comes from the regulations of the courts when the Republic was formed. According to tradition, the Supreme Court is referred to as "most excellent." And Your Honor is what you call the judges of

first instance. But anyway, these are days, these are issues that have a lot to do with history and with traditions that at this age, at my age, seem increasingly important to me because they reflect the state and solidity of an institution. And in that vein I will try to address a topic that has

now been considered as a criterion for inadmissibility of the extraordinary appeal par excellence, which is the appeal for cassation. of definitive French influence and origin . What was the double conformity principle like in its day? We are talking about institutions of French law and that is why I allow myself to set some criteria,

because ignoring the history of an institution and developing it without a foundation in its origin and evolution will lead astray and in fact does lead astray, as has happened with the current jurisprudence; the prudence of the Supreme Court in criminal matters leads astray at all levels of rationality of the country's appeals system.

I'm talking about the system as a whole, right? which has a number of distinctive features that make the jurisdictional process an institution that generates legal peace with justice. Very well, first of all I want to refer to six points that have to do with the appeal in cassation and so that you can see how these issues