Civil and Criminal Appeals in Spain
Appeal
Actionable resolutions: Sentences given in any kind of trial, because the law expressly states that they are directly subject to appeal; final orders terminating the case, making it impossible to continue.
Competition: Provincial Courts and Courts of First Instance. Effects are always returnable and have a suspensive effect.
Resource substantiation:
- Preparation: First, in the court that made the ruling, within 5 days from the day following the notification. It must include the resolution appealed, the appeal, and pronouncements.
- Admission: The court has prepared the appeal and calls upon the appellant for 20 days. If not admitted, there is no appeal against the order. If supported, the order cannot be appealed, but there is opposition to the resource.
- Filing: The appellant must bring the action in writing in 20 days before the organization that issued the decision under appeal. The letter must contain the allegations and arguments on which the appeal is based and may provide the documents that are needed, as well as the practical application test in the second instance and the conduct of hearings.
- Opposition: Within 10 days.
- Resolution: Once the paperwork is given, the parties have 30 days. Whether to admit evidence, the hearing is scheduled within 1 month.
Complaint Resource
Against decisions of the court in which the processing of an appeal, extraordinary appeal for procedural infringement, or cassation is denied. It calls within the 5th day for replacement of the order under appeal and, if not, evidence of both resolutions. Against the order that resolves the complaint, there will be no appeal.
Infringement Litigation
Judgments and orders given by the Provincial Courts that cease the second instance.
Competition: Civil and Criminal Chambers of the Supreme Court.
Grounds:
- Breach of rules on jurisdiction and objective functional competence.
- Infraction of procedural rules governing the sentence.
- Infraction of legal rules governing acts and guarantees of the process when determining nullity under the Act or could have been a lack of defense.
- Breach in a civil proceeding of fundamental rights recognized in Art. 24 of the Spanish Constitution.
Time: 20 days for the interposition of a written argument. If inadmissible, it is given within 10 days to formulate arguments. Against the order, there is no appeal. If supported, a copy is delivered to the respondent to formalize their opposition in writing within 20 days. Celebration of proof may be requested and given. The ruling is aware of the infractions regarding the rules on jurisdiction or objective functional competence and the other heads of claim. Against the sentence, there is no appeal, except in the interest of the law.
Cassation
Sentences can be appealed in the second instance by the Provincial Courts, except those that recognize fundamental rights (Art. 24 of the Spanish Constitution), if the amount of the matter exceeds €150,000, and when the resolution of the appellate remedy presents interest.
Competition: Supreme Court and High Courts of Justice (regional law).
Period:
- Written 5 days from the notification.
- If the preparation is denied, it can be challenged.
- Appeal within 20 days before the court that had dictated the decision under appeal (if there is interest in opposition…).
- Appellate review within 20 days, after which the sentence is dictated.
In the Interest of the Law
Its nature is a public resource and is not available to the parties to the process. The Public Prosecutor’s Office, the Ombudsman, or legal public persons demonstrating jurisprudential interest in the unit are legitimized.
Jurisdiction: Supreme Court.
Term: 1 year from the most recent sentence, when it had been activated in defense before the Constitutional Court (calling for certification to the Constitutional Court).