Summun Ius: SC: En los procesos penales la institución del recurso de hecho fue excluida, al suprimirse la aplicación supletoria del Código de Procedimiento Civil

SC: En los procesos penales la institución del recurso de hecho fue excluida, al suprimirse la aplicación supletoria del Código de Procedimiento Civil

N° SENTENCIA: 0394

N° EXPEDIENTE: 19-0706

PUBLICACIÓN: 20/08/2021

EXTRACTO:

“Mediante Sentencia N° 0394 del 20 de agosto de 2021, dictada por la Sala Constitucional con ponencia de la Magistrada Carmen Zuleta de Merchán, mediante la cual se precisa que con la promulgación del Código Orgánico Procesal Penal el 1° de julio de 1999, en los procesos penales la institución del recurso de hecho fue excluida, al suprimirse la aplicación supletoria del Código de Procedimiento Civil; debiendo significarse además que el Código Orgánico Procesal Penal contiene una regulación completa en materia de competencia, ello atendiendo a la naturaleza distinta del proceso civil y del proceso penal, de allí que el mencionado Código Adjetivo Penal excluyó la una remisión expresa a las disposiciones del Código Procesal Civil, como sí lo hacía el derogado Código de Enjuiciamiento Criminal, en su artículo 20”.

Fuente: http://historico.tsj.gob.ve/decisiones/scon/Agosto/313094-0394-20821-2021-19-0706.HTML

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