What is an appeal to the Supreme Court?
A criminal appeal to the Supreme Court is an extraordinary mechanism that allows the Supreme Court to review certain judgments to control the correct application of the Law, without reexamining the facts or evaluating evidence. Its purpose is to guarantee jurisprudential uniformity and respect for fundamental rights, in accordance with what is regulated in articles 847 and following of the Criminal Procedure Law (LECrim).
Who can file an appeal to the Supreme Court?
- Public Prosecutor’s Office
- Parties in the criminal trial and their heirs
- Those convicted in judgment, even if they were not parties, and their heirs
- Civil plaintiffs, but only regarding:
- Restitutions
- Reparations
- Compensation claimed in the proceedings
When can you appeal to the Supreme Court?
Knowing when a judgment can be appealed to the Supreme Court is what makes the difference. Not all decisions allow recourse to the Supreme Court.
The law distinguishes between different scenarios, depending on the court that issued the decision and the type of violation alleged:
Which judgments can be appealed to the Supreme Court?
Appeal for violation of law and breach of form
What are the grounds for appeal that I must allege when appealing to the Supreme Court?
One of the most technical and determining aspects of any Supreme Court appeal is the correct formulation of the grounds for appeal. It is not enough to disagree with a judgment: the appeal will only succeed if it is based on one of the cases expressly provided for in the Criminal Procedure Law. Specifically, articles 849 to 852 LECrim delimit the grounds that can justify the appeal.
Appeal to the Supreme Court for violation of substantive law
This is, without doubt, the most common ground. It is based on the fact that, starting from the proven facts established by the appealed judgment, the court has incorrectly applied a substantive criminal law (from the Criminal Code or complementary legislation) or even a constitutional provision.
Frequent examples include:
- Improper application of a criminal offense (conviction for a more serious crime than what actually emerges from the facts).
- Failure to apply an exemption, mitigating or aggravating circumstance.
- Retroactive application of a more severe law.
The appeal does not dispute the facts, but their legal classification. The Supreme Court does not revaluate evidence, but reviews whether substantive law has been applied correctly and with proper reasoning.
Appeal to the Supreme Court for error in the evaluation of evidence
This ground is exceptional and restrictive. It can only be invoked if all of these
How do you appeal a conviction to the Supreme Court?
Do you want to appeal a conviction to the Supreme Court?
What consequences can the Supreme Court appeal have?
The Supreme Court will resolve the appeal by issuing a judgment that can have different consequences, depending on the outcome of the appeal:
Granting of the Supreme Court appeal
If any of the alleged grounds are granted:
- The challenged judgment is annulled (art. 901).
- A new judgment is issued in accordance with the law, without being able to increase the sentence (art. 902), or
- The proceedings are returned to the court of origin if the ground was a breach of form (art. 901 bis a).
This can result in an acquittal, a reduction of sentence, or even a retrial with all guarantees.
Dismissal of the Supreme Court appeal
If the Supreme Court considers that no valid grounds for appeal exist, it will declare no grounds for the appeal, which implies:
- Confirmation of the previous judgment.
- Loss of the deposit if one had been posted (art. 901).
- Conviction for court costs, except for the Public Prosecutor’s Office.
Furthermore, as a general rule, no appeal is possible against a Supreme Court judgment (art. 904), with the sole exception of extraordinary appeals before the Constitutional Court, in cases of violation of fundamental rights.
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.