Restrictions on the possibility of rectifying acquittals, or acquittals on appeal


For the Jurisprudence of the Spanish Supreme Court, that basically states the doctrine of the European Court of Human Rights, and also the Spanish Constitutional Court and other Spanish Provintial Courts and Chambers, it is established very serious restrictions on the possibility of rectifying acquittals or acquittals on appeal worsening the situation of a convicted defendant, when this has to be supported by a rectification of factual aspects, both objective and subjective.


Well in those cases, if it is precise assessment of personal evidence, it is necessary that these be performed in the presence of the Court that has to assess them; and, in any case, it is enforceable that the accused be awarded the opportunity to be heard by the Court that decides the appeal, as this is the only court that can agree, for the first time in the case, her/his sentence.

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