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Case law

STC 33/2026: Probatory review of a acquittal

Guarantees of criminal proceedings

Constitutional Court · STC 33/2026

Issue examined

The appeal concerns a judgment of the Provincial Court of Barcelona overturning an earlier acquittal by a criminal court in Barcelona.

Summary published by the Constitutional Court

Violation of the rights to effective judicial protection and the presumption of innocence: revocation of judgment of acquittal based on a reassessment of the evidence without disqualifying the judge's findings as illogical or arbitrary (STC 72/2024).

ECLI:ES:TC:2026:33

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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