Best criminal appeal lawyer Spain
We have the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, directors of RINBER CRIMINAL LAWYERS, appeal specialists, to know a little more about the criminal appeal, against sentences handed down, by the investigative courts, criminal courts and provincial courts.
affirm with the 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 route through which a party who considers himself harmed by a judgment can challenge it before a higher court, requesting its review.
Then Affirm with the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, detail the key aspects of the legal regulation of the appeal in the LECrim:
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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.
Legitimation to file the appeal:
Both the Public Prosecutor's Office and the parties that have intervened in the criminal proceedings and consider themselves harmed by the sentence may file an appeal.
Deadline to file the appeal:
The term to file the appeal is 10 or 5 business days from the day after the judgment was notified. It is important to note that this period is preclusive, that is, it cannot be extended or interrupted.
IT IS BASIC TO HAVE ALL THE DOCUMENTATION IN THE FILE, AS SOON AS POSSIBLE, TO BE ABLE TO PREPARE A CRIMINAL APPEAL, OF GUARANTEES OF SUCCESS, He affirms with the best criminal appeal lawyer Spain, MANUEL and JAVIER RINCÓN BERNAL, ALTHOUGH THERE ARE TRICKS, in order to extend the term.
Competent body to hear the appeal:
The appeal is filed before the competent superior court, which in this case would be the Provincial Court corresponding to the territory where the sentence of the criminal court was handed down.
Effects of the resource:
The filing of the appeal has the effect of suspending the execution of the sentence appealed. However, there are some exceptions in which the execution of the sentence can be agreed by the court, mainly when it comes to crimes serious.
Once the appeal, a term is granted to submit a supporting document in which the reasons for the challenge are set out. Subsequently, the court will notify the other parties to present their arguments and, finally, an oral hearing will be held in which the arguments of the parties will be discussed.
Resolution of the resource:
The superior court, after the corresponding deliberation, will dictate a resolution in which it will confirm, modify or revoke the sentence appealed. This resolution is likely to appeal before the Supreme Court, in exceptional cases established by law.
It is important to note that this information is based on the regulation in force until September 2021 and may be subject to change. Therefore, it is always advisable to consult the updated legislation and have 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.