STC 59/2023: Impartiality and Expert Evidence

Constitutional Court · STC 59/2023

Issue examined

The appeal concerns the sentences of the Provincial Court of Burgos and a criminal court of that capital, which convicted him of serious professional misconduct.

Summary published by the Constitutional Court

Alleged violation of the rights to judicial impartiality, to effective judicial protection and to the presumption of innocence: intervention by the judge in the oral hearing that did not compromise her neutrality with regard to the positions of the parties to the proceedings, medical expertise provided in pretrial investigations conducted at the request of Public Prosecutor’s Office. 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.