STC 97/2024: Type and legal certainty

Constitutional Court · STC 97/2024

Issue examined

The appeal concerns Judgments of the Criminal Chamber of the Supreme Court and the Provincial Court of Seville convicting him of a continuing offence of making unlawful decisions in public office committed as a necessary means to a continuing offence of misappropriation of public funds.

Summary published by the Constitutional Court

Violation of the right to criminal legality and the presumption of innocence: conviction based on an unforeseeable interpretation of the objective type. Individual opinions.

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.