Best criminal appeal lawyer Spain

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Best criminal appeal lawyer Spain

We have the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, directors of RINBER CRIMINAL LAWYERS, appeals specialists, to learn a little more about the criminal appeal against sentences handed down by investigative courts, criminal courts and provincial courts. 

Affirm with him best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL.  

The Criminal Procedure Law (LECrim) of Spain establishes the legal regulation of appeals against sentences handed down by criminal courts. The appeal is a procedural means by which a party that considers itself harmed by a ruling can challenge it before a higher court, requesting its review.

Best criminal appeal lawyer Spain
Best criminal appeal lawyer Spain

Then Affirm with the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, the key aspects of the legal regulation of the appeal in the LECrim are detailed:

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Area of application:

The appeal against sentences handed down by criminal courts is regulated in Book II, Title V, Chapter IV of the LECrim.

Legitimacy to file the appeal:

Both the Public Prosecutor's Office and the parties who have intervened in the criminal process and consider themselves harmed by the sentence can file an appeal.

Deadline to file the appeal:

The period to file an appeal is 10 or 5 business days from the day following the day on which the sentence was notified. It is important to keep in mind that this period is preclusive, that is, it cannot be extended or interrupted.

IT IS BASIC TO HAVE ALL THE DOCUMENTATION OF THE FILE, AS SOON AS SOON, TO BE ABLE TO PREPARE A CRIMINAL APPEAL, WITH GUARANTEES OF SUCCESS, He affirms with the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, EVEN THOUGH THERE ARE TRICKS, to be able to extend the deadline. 

Competent body to hear the appeal:

The appeal is filed before the competent higher court, which in this case would be the Provincial Court corresponding to the territory where the criminal court's sentence was handed down.

Effects of the resource:

The effect of filing an appeal is to suspend the execution of the appealed sentence. However, there are some exceptions in which the execution of the sentence can be agreed by the court, mainly when dealing with serious crimes.

Processing of the appeal:

Once filed the appeal, a period is granted to present a written statement of reasons in which the reasons for the challenge are set out. Subsequently, the court will inform the other parties to present their arguments and, finally, an oral hearing will be held in which the parties' arguments will be debated.

Resolution of the appeal:

The superior court, after the corresponding deliberation, will issue a resolution in which it will confirm, modify or revoke the appealed sentence. This resolution is subject to appeal before the Supreme Court, in exceptional cases established by law.

It is important to note that this information is based on regulations in force until September 2021 and may be subject to change. Therefore, it is always advisable to consult updated legislation and seek the advice of a legal professional to obtain accurate and up-to-date information on the appeal in the Spanish Criminal Procedure Law, and for this, our advice, consult the best criminal appeal lawyer Spain; MANUEL RINCÓN and his brother JAVIER, directors of RINBER ABOGADOS. 

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