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

Frequently asked questions

What effect does the application of Article 976 of the Spanish Criminal Procedure Act produce?

The provision imposes no penalty: it opens the second instance against judgments given in minor-offence trials.

What does Article 976 of the Spanish Criminal Procedure Act provide on the rules of the appeal?

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

How does the defence make use of Article 976 of the Spanish Criminal Procedure Act?

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.

Is the English text of Article 976 of the Spanish Criminal Procedure Act official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.