Criminal appeal against conviction
Today we are going to learn more about the criminal appeal against conviction, hand in hand with best criminal lawyers in Spain, JAVIER and MANUEL RINCÓN BERNAL, considered, by different legal publications, best appeal appeal lawyer in Spain. There is no doubt that you know the ins and outs of the criminal appeal against conviction Hand in hand with these magnificent lawyers, it is a privilege.
The first thing we have to say, (JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS PENALISTAS affirm), is that a criminal conviction, on many occasions comes from a wrong defense strategy, which often leads to imprisonment. That is why you have to take it very seriously. criminal appeal against conviction.
Logically, if we speak from the point of view of the defense, the first objective is free acquittal, but it must never be overlooked that what is really a priority objective is that the client does not go to prison, under any circumstances. .
If this second objective is not met, which is actually the first, (say JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER LAWYERS SPECIALIZED IN CRIMINAL APPEALS), it is necessary to try, by all means, to achieve that objective through the criminal appeal against conviction.
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In Spain, the appeal against a conviction in criminal matters it is regulated in the Criminal Procedure Law (LECrim). Next, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS PENALISTAS, will provide us with a general guide on the steps to follow to file said appeal:
Deadline to file the appeal:
The appeal must be filed with the Court that issued the sentence within 10 days or five days after notification, depending on the type of criminal proceeding we are facing. It is important to bear in mind that this term is peremptory and that the presentation outside of said term may imply the inadmissibility of the appeal.
Writ of interposition:
You must write a brief to file the appeal. In the letter, you must indicate your personal data, the details of the procedure and the contested conviction, as well as the reasons for the appeal. It is essential that you clearly and precisely justify the errors or irregularities that you consider to have been committed in the sentence. You must remember that, for the filing of criminal appeal against conviction It is necessary to hire a lawyer and solicitor.
Appeal before the Court of First Instance or Provincial Court:
The appeal must be filed with the judicial body that issued the sentence. Depending on the seriousness of the crime and territorial jurisdiction, the appeal will be directed either to the Court of First Instance or to the corresponding Provincial Court.
Admission of the resource:
Once the appeal has been filed, the judicial body must admit it for processing if the formal requirements are met. In the event that there are any defects in the form of presentation of the appeal, it is possible that you will be given a period of time to correct them.
Transfer to the parties:
The judicial body will notify the appeal to the parties involved in the procedure, that is, the Public Prosecutor's Office and the private prosecution, so that they can present their allegations within a specified period.
Resolution of the appeal:
Once the allegations of the parties have been received, the judicial body will resolve the appeal by means of an order or a sentence. At this time, you can confirm the conviction, revoke it in whole or in part, or issue a new ruling. The resolution of the appeal will be notified to all parties.
It is important to note that this is only a general guide and that the procedure may vary depending on the circumstances and the applicable jurisdiction.
In any case, we would recommend that you consult us, a lawyer specialized in criminal law, to obtain more precise and appropriate guidance for your particular situation.