The Criminal Appeal: How to Appeal an Unjust Judgment
In this article
Key Takeaways
- Deadlines of 5-10 days
- They cannot worsen the sentence
- Review of the judge's errors
- Nullity of the trial
A criminal judgment in Spain can be appealed to a higher court, but the deadlines are short: 5 days for fast-track trial judgments, 10 days for judgments in the abbreviated procedure, and 3 to 5 days for interim rulings — once the deadline passes, the judgment becomes final. Valid grounds include an error in the assessment of the evidence, misapplication of the law, or a procedural breach that caused defencelessness, which can lead to the trial's nullity rather than a mere sentence adjustment. Where only the convicted person appeals, the prohibition of reformatio in peius means the higher court cannot make the sentence worse, which is why appealing is almost always worth considering.
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A conviction (or an acquittal, if you are the victim) is not always the end. The legal system allows a higher court to review what the first-instance judge has decided. That is the appeal. Our criminal lawyers in Madrid can help you with this type of situation.
Deadlines to Appeal
Beware — they are very short!
- Fast-track trial judgments: 5 days.
- Abbreviated proceedings judgments: 10 days.
- Rulings (decisions during the process): 3 to 5 days.
If the deadline passes, the judgment becomes "final" and there is nothing more to be done.
Why Can a Judgment Be Appealed?
It is not enough to say "I disagree". You must put forward specific grounds:
- Error in the assessment of the evidence: the judge ignored a key witness or misinterpreted a document. (Hard to win, because the higher court did not see the trial live.)
- Infringement of the law: the judge misapplied the Criminal Code (e.g. did not apply a mitigating factor that was warranted).
- Procedural breach / breach of safeguards: you were not allowed to propose evidence, the trial was not recorded, the judge was not impartial. This can lead to the nullity of the trial (so that it is repeated).
Who Decides?
If you were tried by a Criminal Court, the Provincial Court decides. If you were tried by the Provincial Court, the High Court of Justice decides.
Risk
If only you (the convicted person) appeal, the higher court CANNOT make your sentence worse ("reformatio in peius"). Either you stay the same, or you improve. That is why it is almost always worth appealing.
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The appeal of a judgment handed down by the Criminal Court before the Provincial Court is governed by Article 790 of the Spanish Criminal Procedure Law.
The deadline for handing down the appeal judgment, counted from the hearing, is set out in Article 792 LECrim.
Frequently asked questions
How many days do I have to appeal a criminal judgment?
The general rule is ten working days from the day after notification of the judgment (Art. 790.1 LECrim). In a petty offence trial the deadline is five days (Art. 976 LECrim), and a five-day deadline also applies in the fast-track trial. Appeals against interim rulings are filed within five days, and the reversal appeal (recurso de reforma) within three.
Can my sentence get worse if only I appeal?
No. If only the defence appeals, the court cannot convict an acquitted defendant or aggravate the sentence based on an error in the assessment of the evidence (Art. 792.2 LECrim). The penalty could only be aggravated if the prosecution also appeals or joins the appeal, which is why it is worth analysing the position of all parties before deciding.
Can I submit new evidence on appeal?
Only in three situations (Art. 790.3 LECrim): evidence that could not be proposed at first instance, evidence wrongly refused where an objection was raised at the time, and admitted evidence that was not taken for reasons not attributable to the appellant. The reproduction of the trial's recorded evidence can also be requested.
What happens if I miss the deadline to appeal?
The judgment becomes final and is enforced: judicial deadlines cannot be extended (Art. 202 LECrim). Against a final judgment, only extraordinary remedies of very limited scope remain, reserved for exceptional cases. That is why it is essential to contact a lawyer as soon as you receive notification.
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