When an Extraordinary Appeal for Criminal Review can be filed
WHEN YOU CAN INTERPOSE A EXTRAORDINARY APPEAL FOR REVIEW PENAL. He extraordinary appeal for criminal review, is the last opportunity that a person convicted of a crime has to have their sentence reviewed. We can say that it is the last opportunity that the law offers for the review of a criminal sentence.
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 explain to us; WHEN AN EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW CAN BE FILED.
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?.
AN EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW MAY BE FILED against a final judgment in exceptional cases and is subject to certain specific requirements that must be met. The circumstances under which this appeal can be presented are the following:
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Appearance of new tests:
An appeal for criminal review may be made when new evidence is discovered that was not available at the time of the trial and which, if known at the time, would have had a decisive influence on the outcome of the case.
Manifest miscarriage of justice:
The appeal may be filed if it is demonstrated that the conviction was based on a serious judicial error that substantially affected the court's decision. This error must be manifest and not merely a matter of legal interpretation.
Conviction for a crime that did not exist:
In the event that it is proven that the crime for which the accused was convicted did not exist in criminal legislation at the time of the trial, an appeal for criminal review may be filed. This implies that the act for which he was convicted is no longer considered a criminal offense under current law.
Changes in jurisprudence:
Sometimes a criminal review appeal may be based on changes in case law that affect the legal approach applied in the case. If there is a significant change in the courts' interpretation of the law, this could justify review of a ruling.
The appeal must be filed within a specific deadline. Generally, the term is 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 various interested parties, including the convicted person, his legal defense, the Public Prosecutor's Office or even ex officio by the court that handed down the sentence. Legitimation will depend on the circumstances of the case.
It is important to highlight that the extraordinary appeal for criminal review in Spain is an exceptional legal mechanism and is used in very limited circumstances. The review of a final sentence is a complex process and subject to strict evaluation by the competent court. Therefore, it is essential to have the advice of lawyers specialized in criminal law to determine if the requirements are met and proceed with the appeal.
Therefore, once we know; WHEN AN EXTRAORDINARY APPEAL FOR CRIMINAL REVIEW CAN BE FILED, our 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.