“… there is a functional similarity between the remedy of cassation and the right to review of conviction and sentence set forth in article 14.5 of the [Covenant], provided that the scope for review in cassation is interpreted broadly and the right under the Covenant is interpreted not as the right to a second hearing with full retrial, but as the right to verification by the higher court of the correctness of the proceedings in the lower court … It is not correct to state that our system of cassation is confined to analysis of issues of law and issues of form and does not allow the review of evidence … Currently, by virtue of article 852 [of the Criminal Procedure Act], the remedy of cassation can be sought in any case on the grounds of violation of a constitutional principle.
Actualmente, en virtud del art. 852 [de la Ley de Enjuiciamiento Criminal], en todo caso el recurso de casación podrá interponerse fundándose en la infracción de un precepto constitucional.