STC 11/2022: Criminal Rating and Law of defence

Constitutional Court · STC 11/2022

Issue examined

The appeal concerns decisions of the Supreme Court Criminal Chamber and the Provincial Court of Murcia convicting the appellant of a form of fraud classified as estafa impropia under Spanish law.

Summary published by the Constitutional Court

Alleged violation of the rights to a fair trial, freedom from self-incrimination and the presumption of innocence, and of the right to effective judicial protection and the accusatory principle: partial inadmissibility of the constitutional protection appeal; classification under a special provision that did not impair the defence; a reasoned decision not to apply a highly qualified mitigating circumstance for undue delay.

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.