Article 976 Spanish Criminal Procedure Act: appeals in minor-offence trials

Article 976 of the Spanish Criminal Procedure Act governs the appeal against minor-offence judgments: five days from notification, the case file available to the parties at the court office, and processing under Articles 790 to 792, with the appeal judgment notified to victims even if they were not parties.

Wording of Article 976 of the Spanish Criminal Procedure Act

Rules of the appeal

1. The five-day period from notification of the judgment.
2. The availability of the file at the court office during that period.
3. Formalisation and processing by reference to Articles 790 to 792 of the fast-track scheme.
4. Notification of the appeal judgment to victims even if not parties.

Defence strategy

Using the file inspection. The five days with the file available support precise grounds: error in the assessment of evidence, procedural defects or breach of substantive rules under Article 790(2).

Attacking convictions without evidence. In trials held without the defendant or on purely hearsay evidence, an appeal for breach of the presumption of innocence retains full reviewing force.

Recalling the limits on reversal. Worsening an acquittal or a penalty on appeal requires the strict conditions of Article 792; the defence should invoke them against prosecution appeals.

Computing time from valid notice. Defective notifications, common in these trials with informal summonses, reopen the period; they should be checked before treating the judgment as final.

• Article 963: dismissal or immediate trial
• Article 790: the appeal
• Article 792: appeal judgments
• Spanish Criminal Procedure Act article by article

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.