Article 849 of the Criminal Procedure Law

It will be understood that the Law has been violated for the purpose of filing the appeal:

1. When, given the facts that are declared proven in the resolutions included in the two previous articles, a criminal precept of a substantive nature or another Legal standard of the same nature that must be observed in the application of the Criminal Law.
2. When there has been an error in the appreciation of the evidence, based on documents in the record, which demonstrate the judge's mistake without being contradicted by other pieces of evidence.

art 849 lecrim