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Guarantees of criminal proceedings
Constitutional Court · STC 72/2024
The appeal concerns a judgment of the Provincial Court of Castellón overturning an earlier acquittal by a criminal court in the provincial capital.
Violation of the rights to effective judicial protection (law-based decision) and to the presumption of innocence: revocation of judgment of acquittal based on a discrepancy in the assessment of the evidence involving an excess of the powers of the appellate court. 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.
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Consult with María Morales Elbaz, lawyer in Madrid.