STC 132/2021: Aggravated sentence on appeal

Constitutional Court · STC 132/2021

Issue examined

The appeal concerns the judgement of the Provincial Court of Malaga, which aggravated, on appeal, the sentence imposed on it by a criminal court in Melilla as the perpetrator of a drug trafficking offence.

Summary published by the Constitutional Court

Violation of the rights to the effective judicial protection (reformatio in peius) and to a trial with all the guarantees: a sentence that aggravates the sentence imposed on the basis of an error, suffered in the first instance, in the application of the law and without a petition on the part of the accused parties.

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.