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Case law

STC 108/2024: Repeal a judgment of acquittal

Injury and integrity

Constitutional Court · STC 108/2024

Issue examined

The appeal refers to the judgment of the Provincial Court of Barcelona that annulled the previous acquittal for an offence of attack against the authority in ideal competition with a minor offence of injury.

Summary published by the Constitutional Court

Violation of the rights to effective judicial protection (law-based decision) and to the presumption of innocence: STC 72/2024 (revocation of judgment of acquittal based on a discrepancy in the assessment of the evidence involving an excess of the powers of the appellate court).

ECLI:ES:TC:2024:108

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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