An unfavourable judgment is not always final. Criminal procedure provides for appeals to review the decision. The most common one against a first-instance judgment is the appeal (recurso de apelación).
What the appeal is
It allows a higher court to review the judgment handed down: the assessment of the evidence, the application of the law and the sentence imposed. It is not a full new trial but a review of what was decided, based on specific grounds.
Deadlines: act quickly
The time limits for appealing are short and strict and run from notification of the judgment. Letting the deadline pass means the judgment becomes final. That is why, as soon as a conviction is notified, you must decide with your lawyer, without delay, whether to appeal.
What can be appealed
Among other grounds: error in the assessment of evidence, violation of fundamental rights (presumption of innocence), improper application of the Criminal Code or of the sentence, and defective reasoning in the judgment.
The appeal strategy
A good appeal does not repeat the trial: it identifies the weak points of the judgment and argues them precisely. Hence the importance of a criminal lawyer with experience at second instance.
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Informative guide; it does not constitute legal advice.
Frequently asked questions
What is the recurso de apelación?
The most common appeal against a first-instance criminal judgment, allowing a higher court to review the assessment of the evidence, the application of the law and the sentence imposed on specific grounds, without a full new trial.
How long do I have to appeal a criminal judgment in Spain?
The time limits are short and strict and run from notification of the judgment; letting them pass makes the judgment final, so the decision to appeal must be taken with a lawyer without delay.
On what grounds can a judgment be appealed?
Among others, error in the assessment of evidence, violation of fundamental rights such as the presumption of innocence, improper application of the Criminal Code or of the sentence, and defective reasoning.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
