Criminal Law: Can the existence of emotional arousal be analyzed by the High Courts?

Abstract

The present investigation has its origin in the problem raised, at present, in relation to the determination, by the appellate bodies, of the existence of emotional arousal in cases of homicides, either when this was not the object of study. or contradiction in the debate, or when, being the subject of debate, its existence or non-existence was declared. In effect, it is known that, in some cases, the jurisdictional bodies in charge of resolving special and extraordinary appeal appeals are faced with the filing of appeals, through which the parties require a reassessment of the evidence produced. in the oral and public trial to decide whether or not the perpetrator of a homicide acted under a state of violent emotion. Faced with this situation, divergent positions have emerged. This is so since, in certain cases, the reviewing bodies declare the appeals inadmissible, refusing to analyze the emotional arousal because they consider it a matter of fact and, on other occasions, the courts not only declare the appeal admissible, but, later, After studying the substance of the matter, they declare its origin, either supporting the verification of the state of emotional excitement or denying its existence. In this context, the question that this article will seek to answer is the following: in Homicide cases, do higher courts have jurisdiction to determine the existence of emotional arousal? In this sense, the emotional arousal is a matter of fact, the determination of its existence is not analyzable by the higher organs.