Extraordinary Criminal Review Appeal
Today we are going to learn about the latest “lifesaving boat”, which offers the right to review a criminal sentence. We present to you the EXTRAORDINARY APPEAL FOR REVIEW PENAL. As its name suggests, it is EXTRAORDINARY, out of the ordinary. There are few lawyers, specialists in the EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW. Therefore, we have contacted the best criminal lawyer in Spain, who is JAVIER RINCÓN BERNAL, head of the criminal law firm, RINBER LAWYERS considered, by the vast majority of the media, one of the MOST FAMOUS LAWYERS and INFLUENCERS OF SPAIN, thanks to their NUMEROUS PROFESSIONAL SUCCESSES, to bring us closer to the EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW.
At RINBER, they are LAWYERS SPECIALISTS IN THE EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW. They have many legal articles on the subject. Among others:a final criminal sentence can be appealed?.
He extraordinary appeal for criminal review It is a legal mechanism in Spanish law that allows the review of final criminal sentences in exceptional circumstances. This remedy is established to correct serious miscarriages of justice or to consider new facts or evidence that were not available at the time of the original trial. The appeal for criminal review is regulated in article 954 of the Criminal Procedure Law (LECrim) of Spain.
The main characteristics and requirements to file an extraordinary appeal for criminal review in Spain are the following:
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The appeal can only be filed when the conviction is final, that is, when all avenues of appeal have been exhausted and there are no resources earrings.
Reasons for review:
The appeal may be based on the following causes of review:
Appearance of new tests:
Review is permitted if evidence is discovered that was not available at the time of trial and that would have had a decisive influence on the outcome of the case.
Manifest miscarriage of justice:
An appeal may be filed when it is demonstrated that the conviction was based on a serious judicial error.
Conviction for a crime that did not exist:
If it is subsequently shown that the crime for which the person was convicted did not exist in criminal legislation at the time of the trial, an appeal can be filed.
The appeal for criminal review must be presented within a period of 5 years from when the conviction became final. However, in cases of conviction for crimes of terrorism or against humanity, this term is extended to 10 years.
The appeal can be presented by the convicted person, his legal defense, the Public Prosecutor's Office or even ex officio by the court that handed down the sentence.
The court competent to hear the extraordinary appeal for criminal review is the same court that handed down the conviction, and a special procedure will be followed for its processing. The court will evaluate the evidence presented and determine whether the requirements for review are met.
If the court considers that the conditions for review are met, it may annul the conviction and order a new trial. It is important to highlight that this resource is extraordinary and is used in exceptional circumstances, so its granting is not common.
It is essential to have the advice of lawyers specialized in criminal law to carry out a extraordinary appeal for criminal review in Spain, since it is a complex legal process and subject to strict requirements.
Therefore, in conclusion, our advice is that you always consult a criminal lawyer of prestige, to avoid serious problems. In our case, we have consulted with the best, we have consulted with JAVIER RINCON. A good criminal lawyer.