Spanish Legal Remedies: Reforma, Appeal, Cassation
Item 20. Remedies: Classification and Application
1. Classify the following remedies: reforma, appeal, and cassation appeal.
A. Resources: Reforma and supplication.
B. Ordinary Remedies: Appeal
C. Extraordinary Remedies: Reforma, supplication, cassation appeal.
D. Devolution: Appeal, cassation appeal.
E. Non-returnable: Reforma, supplication.
2. Match the remedies to the resolutions and responsible courts:
- Judgment rendered by the Supreme Court of Castile-Leon: Cassation appeal to Court II of the Supreme Court.
- Judgment of the High Court (no appeal against the Central Criminal Court judgment): Cassation appeal to the Supreme Court.
- Judgment rendered by Trial Chamber II of the Supreme Court: No appeal.
- Judgment of the Provincial Court by the Jury Tribunal: Cassation appeal to Court II of the Supreme Court.
- Judgment in a trial of offenses by a Judge: Appeal to the Provincial Court.
3. What is the extended effect of a resource?
The widespread effect, applicable to any resource, is the positive impact that one party’s action may have on others. When one defendant appeals, the new sentence benefits others in similar situations, provided the reasons given apply to them. It never negatively impacts those with adverse positions (LEC art. 903).
4. What is reformatio in pejus? Is it in our judicial system? Why?
Reformatio in pejus prohibits worsening a defendant’s situation beyond what a plaintiff-appellant requested. While explicitly stated in the LEC for appeals (art. 902), it’s considered a general principle of procedural law, as recognized by the Constitutional Court (SSTC 200/2000, 24 July; 114/2001, 7 May).
5. What is an ordinary appeal?
An ordinary appeal is allowed against any resolution challenged by the appellant without specific legal grounds for admission. The resolving body has full powers of knowledge; examples include reforma petitions, complaints, and appeals.
6. What is the devolution effect of an appeal?
The devolution effect transfers knowledge to the ad quem body. If this body is superior, other remedies or resources are unnecessary. The term “in both effects” refers to suspensive and devolutive effects; the latter only applies when explicitly stated by law. If only one effect exists, it’s only devolutive, not suspensive.
7. What is the basic difference between reforma and appeal?
Reforma challenges single-judge orders (e.g., magistrate’s court, Women’s Violence Court), while appeals challenge collegiate court orders (art. 236 Criminal Procedure Act).
8. What body is the “ad quem” in terms of resources?
The ad quem court is the body that resolves the challenge; it’s often a higher court.
Item 21. Appeal and Complaint
1. Where should an appeal be filed?
The appeal is filed with the court that issued the decision. This court decides on admission and then forwards the case to the ad quem court for resolution.
2. Are there prerequisites for appealing a decision in the investigative phase of normal proceedings? What about summary proceedings?
A prior reforma is required for normal proceedings. It’s optional for summary proceedings; an appeal can be filed directly.
3. What evidence can be presented in an appeal?
- Evidence not presented in the first instance.
- Evidence improperly denied, provided a timely protest was made.
- Evidence previously accepted but not performed due to reasons not attributable to the party.
4. What immediacy principle requirement did the Constitutional Court recently introduce regarding evidence in appeals?
In appeals of criminal acquittals based on evidence assessment, if new evidence isn’t presented, the ad quem court can’t review the first instance assessment if immediacy and contradiction are required. The Constitutional Court aligns with the ECHR, stating that if facts rely on personal testimony, this testimony must be repeated in the second instance for the ad quem court to correct the valuation. A conviction on appeal is impossible if the original acquittal was based on personal testimony not repeated in the second instance.
5. What should you do if your appeal is declared inadmissible?
File a complaint with a higher court. Complaints can challenge decisions denying appeal admission.
Item 22. The Appeal
1. Which body hears appeals?
The 2nd Chamber of the Supreme Court (TS) hears appeals. It consists of three judges unless the sentence is greater than 12 years (art. 898 LEC).
2. What recourse is available against a District Court ruling on an appeal against a Criminal Judge’s decision? What if the District Court delivered the first instance sentence?
If the appeal wasn’t denied, no further appeal is possible against Supreme Court judgments. If the District Court delivered the first instance sentence, an appeal for violation of law or procedure is possible.
3. In a Supreme Court judgment (April 14, 2000), an appeal was granted due to the denial of relevant questions to a witness. What type of appeal was filed? What is the effect of this ruling?
A procedural violation appeal was filed. The effect is that the court orders the writ and remands the case to the appropriate court to correct the procedural error and complete the proceedings.
4. What recourse is available against a National Court ruling in ordinary proceedings? To whom is it filed? If appeal admission is refused, what procedural means are available and to whom?
An appeal for violation of law or procedure is filed with Court II of the Supreme Court. No further recourse is available if admission is refused.