An impartial judge and earlier assessment of evidence

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

The court set aside a conviction and ordered a new trial before different judges. Earlier assessments of the evidence and indications of offending gave objectively justified grounds to question impartiality.

What this helps explain

The previous intervention of a judge requires examining what decisions he made and their content, without automatism.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.