1. The appeal ruling will be issued within five days following the oral hearing, or within ten days following receipt of the proceedings by the Court when it has not been appropriate to hold it.
2. The appeal ruling may not condemn the defendant who was acquitted in the first instance or aggravate the conviction that had been imposed due to an error in the appreciation of the evidence in the terms provided for in the third paragraph of article 790.2.
However, the sentence, whether acquittal or condemnatory, may be annulled and, in such case, the proceedings will be returned to the body that issued the appealed resolution. The appeal ruling will specify whether the annulment must be extended to the oral trial and whether the principle of impartiality requires a new composition of the first instance body in order to re-prosecute the case.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.3. When the appealed sentence is annulled due to breach of an essential form of the procedure, the court, without entering into the substance of the ruling, will order that the procedure be restored to the state in which it was at the time of the fault, without damage that all those acts whose content would be identical regardless of the fault committed retain their validity.
4. An appeal of cassation will only be possible against the sentence handed down in appeal in the cases provided for in article 847, without prejudice to the provisions regarding the review of final sentences, or in the following article for the challenge of final sentences issued in the absence of the accused. When no appeal is filed against the sentence handed down on appeal, the records will be returned to the court for the purposes of executing the ruling.
5. The sentence will be notified to those offended and harmed by the crime, even if they have not shown themselves to be a party to the case.
art 792 lecrim
Article 792 of the Criminal Procedure Law Spanish refers to the challenge of the judgment and to criminal appeal.