STC 37/2018: Personal test in cassation

Constitutional Court · STC 37/2018

Issue examined

The appeal concerns the sentences of The Criminal Chamber dThe Supreme Court who convicted them of an offence against public health.

Summary published by the Constitutional Court

Violation of the rights to a trial with all guarantees and to the defence: conviction in cassation imposed on the basis of a reassessment of personal evidence performed without guarantee of direct examination of the evidence by the trial court, in relation to the knowledge that the accused had or should have had about the prohibited character of their conduct (STC 146/2017).

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.