What can be alleged in a Criminal Appeal
To know WHAT CAN BE ALLEGED IN A APPEAL APPEAL PENAL we have contacted him best appeal appeal lawyer Spain, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS, who, as appellate lawyers they will inform us what it is WHAT CAN BE ALLEGED IN A CRIMINAL APPEAL.
According to JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS, the reasons WHAT CAN BE ALLEGED IN A CRIMINAL APPEAL are:
In the Spanish Criminal Procedure Law (LEC) there are different grounds for appeal that allow the parties involved to challenge a judicial decision before a higher instance. Some of the most common grounds for appeal are:
These are the main reasons why WHAT CAN BE ALLEGED IN A CRIMINAL APPEAL:
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Violation of fundamental rights:
If during the criminal process there has been a violation of fundamental rights recognized in the Spanish Constitution, such as the right to a fair trial, the right to presumption of innocence, the right to defense, among others, an appeal can be filed arguing this violation.
Regarding the violation of fundamental rights, it is necessary that this violation has been denounced throughout the process and from the moment it occurred. Logically, if this violation has occurred in the trial itself, it will be in the appeal where it can be argued, there is no doubt.
Error in the interpretation or application of the law:
If it is considered that the judge has made an error in the interpretation or application of the law during the process, an appeal can be made to challenge said resolution.
Wrong evaluation of the test:
If it is considered that the judge has made an incorrect assessment of the evidence presented during the trial, an appeal can be made so that a higher court reviews said assessment and issues a new ruling.
It is an interpretive argument, there is no doubt about it, but it is often used a lot to maintain the appeal. It is the most common of WHAT CAN BE ALLEGED IN A CRIMINAL APPEAL, affirm JAVIER and MANUEL RINCÓN BERNAL, experts in appeals.
Lack of motivation:
If it is considered that the judicial resolution lacks sufficient motivation or has not been adequately substantiated, an appeal can be made to request that a new assessment be carried out and a new resolution be issued.
It happens the same as before.
If there has been a procedural violation during the development of the trial that may have affected the rights of any of the parties, you can appeal alleging said violation to request the review of the resolution.
Either it is given, or it is not given. You have to be very aware of the matter to locate them and get them out of the "hat".
These are just some of the most common grounds for appeal in the Spanish Criminal Procedure Law. It is important to bear in mind that the rules and procedures may vary, so it is always advisable to consult with a lawyer specialized in criminal law to obtain specific legal advice in each case. It is for this reason that we, from our newsroom, have contacted the famous RINCÓN lawyers, directors of RINBER ABOGADOS, JAVIER and MANUEL RINCÓN BERNAL.