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Case law

STC 105/2025: Indictment and review appeal

Guarantees of criminal proceedings

Constitutional Court · STC 105/2025

Issue examined

The appeal concerns the orders of the Civil and Criminal Division of the High Court of Justice of Galicia that rejected its appeal in the face of the sentence review order issued by Provincial Court of Lugo.

Summary published by the Constitutional Court

Violation of the right to effective judicial protection (access to an appeal): the right of a person acting as the victim’s private prosecutor to appeal sentence-review decisions to a higher court; the absence of a specific statutory provision and the significance of Supreme Court decisions. Separate opinions.

ECLI:ES:TC:2025:105

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.

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