• The second instance in criminal proceedings

    The second instance in criminal proceedings

    In the Spanish criminal procedural law appeal it is seen as a further appeal only limited where stakeholders can appeal judgments based on the same material elements tried in the first instance and, exceptionally, it should provide new evidence.

    Thus, the High Court is constrained to the assessment of the evidence made in the first instance. So our resources system in criminal proceedings based on the principle of single-instance, including the appeal. The sentences passed in trials of faults, speedy trials (Trial Courts) and in a summary procedure jurisdiction of criminal courts can be appealed in appeal (Provincial Court), while the rulings in the proceedings for more serious offenses They can only appeal for annulment. As a result, convicted of more serious crimes (Provincial and National Audience) can only appeal his conviction to the Supreme Court by the limited appeal, extraordinary appeal that, unlike the appeal does not allow a wide cognition jeopardy, but only it allows for limited grounds and its purpose is simply to control the application of the law to the facts definitely preset in the instance. Thus, the Spanish procedural law is governed by a principle that the procedural guarantee is inversely proportional to the severity of the penalty.

    With a view to ensuring the second criminal court and to end the lack of homogeneity in the criminal order, the legislature amended the LO 6/1985 of 1 July, the Judicial Branch, through the LO 19 / 2003 of December 23, under which, generalized and reforming the criminal appeal the powers of the criminal chambers of the High Courts of Justice, giving them the knowledge of appeals against decisions at first instance by the Provincial Courts (art.73.3 c), and creating a Board of Appeal to the High Court is empowered to resolve appeals against the judgments of the Criminal Division (art.64 bis).

    Read the article here.

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