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The appeal that we are going to analyze below can occur in all jurisdictions, but in this case, we will briefly focus on the appeal in the criminal jurisdiction. The appeal is characterized by being a devolutive appeal, that is, it is one that must be resolved by a different and higher Court than the one that issued the contested resolution. We can help you At Dexia Abogados we are lawyers specializing in criminal procedural law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US To whom is an appeal filed? When an appeal is filed against a sentence , a second level of jurisdictional decision begins that can be considered as a second instance, although not full but limited (a review of the evidence taken and the substantive decision is possible, but not As a general rule, new evidence or new legal arguments other than those of the instance can be introduced ). On the contrary, when an appeal is filed against an interlocutory resolution (which does not put an end to the instance), such as an order expressly declared to be appealable by law, a second instance would not be opened, but rather the Court of Appeal will decide.
would limit itself to deciding again on the contested issue. The appeal will be filed before the same Court that issued the order (or sentence) appealed from, but the hierarchically superior Court will be competent to hear and decide; The aforementioned appeal must be presented with the signature of the lawyer of the party interested in appealing. Once the appeal has been filed, the judge will admit it or not depending on whether it is appropriate in accordance with the legal provisions. In essence, the criminal and civil appeal procedures are very similar. Criminal appeal The characteristics DM Databases of the appeal in criminal procedure do not differ much from those of civil procedure, but it is necessary to differentiate between: 1. Appeal against interlocutory resolutions The filing period is 5 days from when the resolution is notified. If we are in an ordinary procedure , once the written appeal has been filed, in which it is sufficient to announce that the decision is being appealed, without further motivation, it must be admitted by the Court a quo (the one that issued) the contested resolution.
The records are sent to the corresponding hierarchically superior Court, a deadline is given for the interested parties to appear and a hearing is held; After what has been mentioned, it will be resolved. On the contrary, in the abbreviated procedure it is required that the writing be reasoned and that it be accompanied by the documents that are considered relevant as evidence. After admission, the Court a quo notifies the parties for allegations within a period of 5 days, and when everything is in place, it is sent to the Court ad quem (the one that has to resolve, the hierarchical superior) which will decide without holding a hearing. view (unless challenges to precautionary measures ). It does not produce suspensive effects while it is being processed, that is, the contested resolution could be executed. 2. Appeal against sentences Not all of them are actionable on appeal. The filing period is 10 days . The processing begins with a reasoned writing signed by the Lawyer and Attorney in which the infractions committed by the contested ruling must be set out, which can be of three types: Breach of procedural rules.
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