Article 954 of the Criminal Procedure Law

  Criminal Procedure Law

1. The review of final sentences may be requested in the following cases:

a) When a person has been convicted in a final criminal sentence who has assessed as evidence a document or testimony later declared false, the confession of the accused extracted by violence or coercion or any other punishable act carried out by a third party, provided that such extremes are declared by final sentence in criminal proceedings followed for this purpose. The conviction will not be enforceable when the criminal process initiated for this purpose is archived due to prescription, default, death of the accused or other cause that does not involve a substantive assessment.

b) When a final criminal sentence has been handed down convicting for the crime of prevarication to any of the intervening magistrates or judges by virtue of any resolution issued in the process in which the sentence whose review is sought was issued, without which the ruling would have been different.

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.

c) When two final sentences have been handed down on the same fact and the accused.

d) When, after the sentence, knowledge of facts or elements of evidence arises, which, if they had been provided, would have determined the acquittal or a less serious sentence.

e) When, resolved a preliminary question by a criminal court, a final sentence is subsequently issued by the non-criminal court competent to resolve the issue that is contradictory with the criminal sentence.

2. It will be a reason for reviewing the final ruling of forfeiture autonomous the contradiction between the facts declared proven in the same and those declared proven in the final criminal sentence that, if applicable, is issued.

3. A review of a final judicial resolution may be requested when the European Court of Human Rights has declared that said resolution was issued in violation of any of the rights recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms and their Protocols, provided that the violation, due to its nature and severity, entails effects that persist and cannot be terminated in any other way than through this review.

In this case, the review may only be requested by someone who, being entitled to file this appeal, would have been a plaintiff before the European Court of Human Rights. The request must be made within a period of one year from when the ruling of the aforementioned Court becomes final.

art 954 lecrim

Article 954 of the Criminal Procedure Law Spanish refers to the request of the review of final sentences.