STC 41/2025: Dispensed to testify and couple

Constitutional Court · STC 41/2025

Issue examined

The appeal concerns decisions of the Supreme Court Criminal Chamber, the Provincial Court of Alicante and a criminal court in Orihuela convicting the appellant of causing bodily injury in a case of violence against a woman.

Summary published by the Constitutional Court

Alleged violation of the rights to a trial with all guarantees, to the ordinary judge predetermined by law and to the presumption of innocence: assessment of the testimony of those who, being a couple of the accused, carried out a conclusive procedural activity revealing their willingness to renounce the waiver of the obligation to declare; intervention of the judge who presided over the oral hearing aimed at purifying the facts that do not affect their impartiality. Individual vote.

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.