In this article, I will explain what an appeal is, how it works, in which cases it applies, and how a criminal defense attorney can help you.
What is an appeal against conviction?
An appeal is a procedural process that allows you to challenge a conviction issued at first instance. The appeal against conviction is devolutive, which means it is filed before a Superior Court hierarchically above the one that originally issued the sentence.
The objective of the appeal is to correct judicial errors that may have occurred, whether in the evaluation of evidence or possible procedural and legal violations committed during the trial
When can a conviction be appealed?
The Spanish judicial system currently allows filing an appeal against all convictions, significantly expanding the possibilities for judicial review.
Previously, our criminal appeals system had significant limitations. Sentences issued by
Grounds for filing an appeal against acquittal
The success of an appeal depends on it meeting the requirements established in Article 790 of the Criminal Procedure Act. For this, it is necessary that it includes the legal grounds in an orderly manner and contains any of the following motives:
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- Violation of procedural rules and guarantees that have caused defenselessness.
- Error in the evaluation of evidence.
- Violation of legal norms on which the challenge is based
Can the appeals court admit new evidence?
Although the appeal is a remedy based primarily on the review of elements already presented, there are exceptions in which the court may admit new evidence. This includes:
- Evidence that was improperly denied at first instance.
- New evidence that emerged after the trial was held.
- Evidence admitted but not presented due to causes beyond the parties’ control.
If your question is whether the Appeals Court can hear a new witness or evaluate an expert report that has already been evaluated by the judge who issued the sentence, the answer is no.
Possible outcomes of the appeal
The appeals court has several options when resolving the appea
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.