STC 31/2026: Trial Recording and acquittal

Constitutional Court · STC 31/2026

Issue examined

The appeal concerns the judgement of the Provincial Court of Madrid that overturned the acquittal of the criminal court and ordered the retroaction of proceedings for the holding of a new oral trial.

Summary published by the Constitutional Court

Violation of the rights to effective judicial protection (law-based decision) and to a trial with all guarantees: revocation of judgment of acquittal based on the assertion that the defective recording of the moment at which the defendant exercised his right to the last word may have caused him defencelessness, even though he was acquitted.

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.