El recurso de casación en los delitos tipificados en la ley de sustancias estupefacientes y psicotrópicas

Abstract

This evidence research, throughout an analysis based on jurisprudence and the opinion of different jurists, that the consultation in the cases related with drug felonies is of the latest trace of the inquisitive system criminal procedure. The nature of the mandatory consultation established by the “Law of Narcotics and Psychotropic Substances” has been discussed many times by the National Court of Justice; however, the Court has not been able to reach a unanimous opinion about whether the legal process that comes from a consultation, you can reach the highest court of justice. As result, the judgments from the National Court of Justice that reject the petition requesting a revision of the final decision given by a consulting tribunal, can be considered a violation to the constitutional right to appeal. It must be clarified that although the obligatory consultation it was abolished, it is still provoking legal effects in the cases in which it was applied and in the cases which started when the last criminal code was in force.