Article 790 of the Criminal Procedure Law

  Criminal Procedure Law

1. The sentence handed down by the Criminal Judge can be appealed before the corresponding Provincial Court, and that of the Central Criminal Judge, before the Criminal Chamber of the National audience. The appeal may be filed by any of the parties within ten days following the day in which they were notified of the ruling. During this period, the proceedings will be in the Judicial Office at the disposal of the parties, who within three days following notification of the ruling may request a copy of the media on which the sessions have been recorded, with suspension. of the period for filing the appeal. The calculation of the period will resume once the requested copies have been delivered.

The party that has not appealed within the established period may join the appeal in the allegations process provided for in section 5, exercising the claims and alleging the reasons that are appropriate to its right. In any case, this appeal will be subject to the appellant maintaining his appeal.

The other parties may challenge the accession, within a period of two days, once the transfer provided for in section 6 has been granted.

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2. The document formalizing the appeal will be presented to the body that issued the resolution being challenged, and it will set out, in an orderly manner, the allegations regarding breach of procedural rules and guarantees, error in the assessment of evidence or infringement of rules of the legal system on which the challenge is based. The appellant must also establish an address for notifications in the place where the Court is based.

If the appeal requests the declaration of annulment of the trial due to violation of rules or procedural guarantees that cause the appellant to be defenseless, in terms such that it cannot be remedied in the second instance, the legal or constitutional rules that are considered violated will be cited. and the reasons for the helplessness will be expressed. Likewise, it must be proven that the rectification of the fault or violation was requested in the first instance, except in the event that they were committed at a time when the claim was no longer possible.

When the accusation alleges an error in the evaluation of the evidence to request the annulment of the acquittal sentence or the aggravation of the sentence, it will be necessary to justify the insufficiency or lack of rationality in the factual motivation, the manifest departure from the maxims of experience or the omission of all reasoning on one or some of the tests performed that could be relevant or whose nullity has been improperly declared.

3. In the same document of formalization, the appellant may request the carrying out of the evidentiary measures that he could not propose in the first instance, of the proposals that were unduly denied, provided that he has formulated the appropriate protest at the time, and of those admitted that were not carried out for reasons not attributable to him.

4. Once the formalization document has been received, the Judge, if it meets the required requirements, will admit the appeal. If there is a defect that can be corrected, the appellant will be granted a period of no more than three days to correct it.

5. Once the appeal is admitted, the Judicial Secretary will forward the formalization document to the other parties for a common period of ten days. Within this period, the written pleadings of the other parties must be submitted, in which the taking of evidence may be requested in the terms established in section 3 and in which an address for notifications will be established.

6. Once the written pleadings have been presented or the deadline for doing so has passed, the Secretary, in the following two days, will notify each of them to the other parties and will submit to the Court the original records with all the written documents presented.

art 790 lecrim

Article 790 of the Criminal Procedure Law refers to the process of challenging the judgment, mentioning the corresponding deadline, the place of presentation and the formalization document.