STC 146/2017: mistake as to unlawfulness and appeal

Constitutional Court · STC 146/2017

Issue examined

Constitutional Court resolution on guarantees and issues of criminal relevance.

Summary published by the Constitutional Court

Violation of the rights to a trial with all the guarantees and to the defence: conviction in cassation imposed on the basis of the reconsideration of the attendance of a circumstance, the existence of a mistake as to unlawfulness, introduced ex officio by the court of appeal and on which the accused could not pronounce (STC 167/2002).

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.