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Case law

STC 155/2025: Jury and revision of acquittal

Guarantees of criminal proceedings

Constitutional Court · STC 155/2025

Issue examined

The appeal concerns a Supreme Court Criminal Chamber judgment allowing the victim’s prosecution appeal on points of law against a jury acquittal at the Provincial Court of Alicante. That acquittal had been upheld on appeal by the Civil and Criminal Chamber of the High Court of Justice of the Valencian Community.

Summary published by the Constitutional Court

Violation of the right to effective judicial protection (non bis in idem): revocation of a judgment of acquittal for irregularity suffered on the occasion of the return of the verdict of the jury that did not cause material defencelessness to the prosecution. Individual vote.

ECLI:ES:TC:2025:155

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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