The Second Chamber of the Supreme Court of Justice (SCJ) established a criterion on the evaluation of evidence, which must be adjusted to what is strictly rational, legally linked to the evidence that has been legitimately submitted to the process and that has been presented regularly in oral judgment through effectively logical and objective reasoning.
The decision is contained in judgment no. SCJ-SS-22-0577 dated June 30, 2022 in which it rejects the defense of the legal excuse of the provocation consigned in articles 321 and 326 of the Dominican Penal Code, by virtue of the fact that in the substantive trial they valued other elements of evidence that demonstrate the absence of the defense invoked.
In this sense, the appeal declares partially admissible the appeal filed by the appellant, against judgment no. 102-2021-SPEN00033, issued by the Criminal Chamber of the Court of Appeal of the Judicial Department of Barahona on May 21, 2021; consequently, it dictates its own judgment based on the facts that were verified and sentenced the accused to 15 years of imprisonment.
The sentence was signed by the magistrates of the SCJ Francisco Antonio Jerez Mena, who presides over the Criminal Chamber of the SCJ, Fran Euclides Soto Sánchez and María Garabito Ramírez.
The full sentence can be consulted at the following link:
https://consultaglobal.blob.core.windows.net/documentos/7b7a6012-603c-4661-bda1-86f84e07f0dd_FCG.pdf
