STC 77/2024: Test and review of acquittal

Constitutional Court · STC 77/2024

Issue examined

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

Summary published by the Constitutional Court

Violation of the right to effective judicial protection (law-based decision): revocation of judgment of acquittal on the basis of a discrepancy in the assessment of the evidence involving an excess of the powers of the appellate court (STC 72/2024).

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.