Article 228 of the Criminal Procedure Law

Once the records have been received in the Superior Court, if within the term of the summons the appellant has not appeared, the Judicial Secretary by decree will ex officio declare the appeal void, immediately communicating it by certification to the Judge, and returning the original records if the appeal is would have admitted in both effects. There will be a direct appeal for review against this decree.

On the same day on which the testimony to substantiate an appeal is received by the Superior Court, or on the following day, the Judicial Secretary will acknowledge receipt to the Investigating Judge, who will join the summary. If the receipt is not sent to him, the Court Clerk will request it from the Clerk of the Court who is responsible for hearing the appeal; and if he still does not receive it, he will inform the Secretary of Government directly, for the appropriate purposes.

art 228 lecrim

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This article from the Spanish LECRIM refers to the case in which, within the term of the site, the appellant had not appeared once the records have been received in the Superior Court.

Article 228 of the Criminal Procedure Law is part of the title dedicated to the resources against procedural decisions:

• Criminal Procedure Law
  • Book I. General provisions
    • Title X. Appeals against procedural decisions
      • Chapter I: Of the appeals against the resolutions of the Judges and Courts
        • Article 216
        • Article 217
        • Article 218
        • Article 219
        • Article 220
        • Article 221
        • Article 222
        • Article 223
        • Article 224
        • Article 225
        • Article 226
        • Article 227
        • Article 228
        • Article 229
        • Article 230
        • Article 231
        • Article 232
        • Article 233
        • Article 234
        • Article 235
        • Article 236
        • Article 237
        • Article 238