STC 78/2019: mistake as to unlawfulness on appeal

Constitutional Court · STC 78/2019

Issue examined

The appeal concerns the judgment of the Provincial Court of Santa Cruz de Tenerife, which convicted them of a crime against public health.

Summary published by the Constitutional Court

Violation of the rights to a trial with full guarantees and to the defence: sentence on appeal imposed on the basis of reconsideration of the concurrence of a circumstance, the existence of a mistake as to unlawfulness vindictable, which required the prior hearing of the accused (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.