Source: eljurista.net
According to Rosario, the Court of Appeals ruled entirely unconstitutional.
Hall 2 of the Criminal Chamber of Rosario just make an important decision for the legal profession in the province.
unanimously declared the unconstitutionality of art. 28 LOPJ last paragraph of 10,160, in that it imposes the obligation of full and failures nullity of her apartment.
held the full House that the failures "affect and threaten the development of law to prevent the" creation "jurisprudence ..
also considered that affect the principle of jura novit curia, since it can not reasonably be required of a judge who knows all the plenary chamber or chambers that exist.
Another argument of the members of the House was that the specific function of the judiciary, namely the interpretation and application in specific cases of criminal laws enacted by the legislature and promulgated by the Executive under constitutional law , out of line, although by law, where that is binding precedent.
failure of historical self, is no. 83 of 2010 and was issued in the case "GJL s / attempted theft.
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