STC 85/2025: Evaluation of evidence on appeal

Constitutional Court · STC 85/2025

Issue examined

The appeal concerns a judgment of the Provincial Court of Asturias overturning an earlier acquittal by an investigating court in Gijón.

Summary published by the Constitutional Court

Violation of the rights to effective judicial protection (law-based decision), to a process with all guarantees and to the presumption of innocence: revocation of judgment of acquittal based on a discrepancy in the assessment of the evidence which implies 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.