Abstract

This study deals with the so-called principle of transcendence in relation to the ground ofnullity provided in article 373 letter a) of the CPP. Firstly, it tries to prove its applicationfrom the normative and jurisprudential point of view, offering precise reasons on this theme. It then focuses on the most problematic issue from the point of view of application,such as setting a precise concept of transcendence according to which can be made the transcendence judgment that must be made in the annulment of the Supreme Court.The article takes care of the different approaches developed by the Supreme Court throughthe examination of its main pronouncements and at the same time offers a vision from theprocedural dogma. And from the combination of both perspectives, we end up proposing anadjusted and complete concept of what must be understood by transcendence of the vicedenounced through the motive of article 373 letter a) CPP.