and certain orders | Criminal Procedure Act of 14 September 1882 | Article 846a and Article 846b
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On the recourse to appeal against judgments and certain orders
Spanish Criminal Procedure Act | We specialize in Criminal Appeals
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Spanish Criminal Law on Criminal Appeals
Criminal Procedure Act of 14 September 1882 | Article 846a and Article 846b
On the recourse to appeal against judgments and certain orders | The Best Criminal Appeal Lawyers in Spain
Article 846 a. i)
Judgments passed within the scope of the Provincial Court and, in the first instance, by the Senior Judge-President of the Jury Court, may be appealed before the Civil and Criminal Bench of the High Court of Justice in the relevant Autonomous Region.
Orders passed by the Senior Judge-President of the Jury Court, which are passed in resolution of the matters referred to in article 36 of the Jury Court Act and in the cases set out in article 676 of this Act may also be appealed.
The Civil and Criminal Bench will consist of three Magistrates to hear this appeal.
Article 846 a. ii)
The appeal may be lodged by the Public Prosecutor or the convicted person or the other parties, within the ten days following the last notification of the judgment.
An appeal may also be lodged by the person declared to be exempt from criminal liability if security measures are imposed or they are declared to have civil liability in accordance with the provisions of the Criminal Code.
A party who has not appealed within the time limit shown may make an appeal in the rebuttal stage, but this appeal will be conditional on the main appellant holding their own.
Article 846 a. iii)
The recourse to appeal must be grounded on one of the following reasons:
a) That the proceedings or the judgment were in breach of procedural rules and safeguards, which caused a lack of proper defence, if the appropriate claim for rectification was made. This claim will not be necessary of the breach reported involved violation of a constitutionally guaranteed fundamental right.
For these purposes, without prejudice to others, the following claims may be made: those set out in articles 850 and 851, with the references to the Magistrates in numbers 5 and 6 of the latter also being understood to refer to the members of the jury; the existence of defects in the verdict, whether due to partiality in the instructions given to the Jury or a defect in the proposition of the purpose of the former, as long as this arises in a lack of a proper defence, or because there were grounds which should have been returned to the Jury and this was not ordered.
b) That the judgment breached a constitutional or legal precept in the legal classification of the offences or in determining the sentence, or the security measures or civil liability.
c) That dissolution of the Jury was requested due to non-existence of evidence for the prosecution and such request was unduly dismissed.
d) That dissolution of the Jury was ordered but was not appropriate.
e) That the right to the presumption of innocence was breached because, given the evidence taken at the trial, there was a total lack of a reasonable basis to the sentence imposed.
In the cases of letters a), c) and d), in order for the appeal to be admitted to proceedings, the appropriate protest must have been made at the time when the breach reported occurred.
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Article 846 a. iv)
The Court Clerk will transfer the writ lodging the appeal, once the time limit for appealing has expired, to the other parties who, within five days, may challenge the appeal or lodge a subordinate appeal. If this is lodged, it will be sent to the other parties.
After the five day time limit, if there is no challenge and no subsidiary appeal is lodged or, as appropriate, having been sent to the other parties, the Court Clerk will summon all of them to appear within ten days before the Civil and Criminal Bench of the High Court of Justice.
If the main appellant does not appear or waives their appeal, the Court Clerk will return the records to the Provincial Court, which will pronounce the judgment to be final and proceed with its enforcement.
Article 846 a. v)
When the appellant appears, the Court Clerk will set a date for the appeal hearing summoning the parties to the proceedings and, in all cases, the convicted person and the third party with civil responsibility.
The hearing will be held as a public hearing, commencing with the appellant taking the stand followed by the Public Prosecutor, if they are not the one appealing, and the other appellees.
If a subsidiary appeal has been lodged, this party will intervene after the main appellant who, if they do not waiver, may reply to them.
Article 846 a. vi)
Within five days following the hearing, judgment must be passed which, if the appeal is upheld for any of the reasons referred to in letters a) and d) of article 846 a. iii), will order the case to be returned to the higher Court for a new trial to be held.
In all other cases, the appropriate decision will be passed.
Article 846 b
1. Orders involving conclusion of the proceedings due to lack of jurisdiction or dismissal and judgments passed by the Provincial Courts or the Criminal Bench at the National High Court in the first instance may be appealed before the Civil and Criminal Benches of the High Courts of Justice in their region and before the Appeals Chamber of the National High Court, respectively, which will pass judgment on the appeals.
2. The Civil and Criminal Bench of the High Courts of Justice and the Appeals Chamber at the National High Court will be made up of three magistrates to hear the appeals provided for in the previous paragraph.
3. Appeals against the decisions provided for in paragraph 1 of this article will be governed by the provisions of articles 790, 791 and 792 of this act, although the references made to the Criminal Courts will be understood to be made to the body that passed the decision under appeal and the references to the higher Courts to that which is competent to hear the appeal.