What is the purpose of the appeal?

Discover the main characteristics of this extraordinary resource that allows you to annul a court ruling.

The cassation appeal is a type of extraordinary appeal, through which a court ruling that contains an incorrect interpretation or application of the current Law can be annulled. In addition, the appeal can also be used to annul those judicial rulings that are part of a procedure that does not comply with legal solemnities.

As indicated by lawyers specializing in cassation appeals by criminal lawyers24 , the main objective of this extraordinary appeal is to obtain a correct application of the law by the various courts (as a guarantee of legal security) and a unification of the interpretation of the laws. through a single organ.

In the case of Spain, the most common thing is that the Supreme Court is in charge of resolving appeals, although there have been some situations in which another higher-ranking court has done so.

The appeal in Spain

As previously mentioned, in Spain, the court in charge of resolving appeals is the Supreme Court. A judicial body that is at the top of the Spanish judicial power, so its jurisdiction extends to all jurisdictional levels: civil, criminal, contentious-administrative, labor and military.

A few years ago the case of a UN ruling (2000) was very famous, which forced Spain to change the appeal that had been resolved by the Supreme Court. According to the UN Human Rights Committee, the criminal appeal filed before the Spanish Supreme Court did not comply with the guarantees required by article 14.5 of the International Covenant on Civil and Political Rights.

The UN ruling indicated that the appeal was limited only to reviewing the formal or legal aspects of the lower court ruling, which is why it did not evaluate the evidence presented at the trial. For this reason, the UN Human Rights Committee forced the Spanish Supreme Court to annul the sentence, unless it was reviewed in accordance with the International Covenant mentioned above.

Lawyers specializing in appeals

An appeal is an extraordinary appeal that can annul a certain court ruling, so it is a procedure that cannot be left in the hands of just any lawyer. Therefore, when processing an appeal, it is vital to have the help of specialist lawyers who know what steps must be followed so that the annulment of the court ruling becomes effective.

The processing of all legal issues usually has a certain complexity for most people, but the case of cassation appeals is especially notable, since this type of extraordinary appeals are presented before the largest Spanish judicial body, the Supreme Court.

Not all lawyers are specialists in appeals, so it is very important to find a lawyer who has specialized in this area, since the annulment of the court ruling by the Supreme Court will depend on their good work. The most advisable thing in these cases is to look for a lawyer specializing in appeals through the Internet.

Main differences between an appeal and an appeal

In general, many people confuse the cassation appeal with the appeal, since both procedures are presented before higher jurisdictional bodies to annul a court ruling . However, there are important differences between an appeal and an appeal.

For example, during a judicial appeal procedure the law and the facts of the trial can be reviewed, thus constituting an instance; while in the case of an appeal, only reference is made to the Law and does not constitute an instance. But this is not the only difference that exists between an appeal and an appeal.

In the case of legal systems where the exhaustion of the review capacity of the Courts (of higher hierarchy than the previous one) is taken into account, the difference between the appeal and the cassation appeal is subject to the judicial resolutions that are sought . review or cancel.

 

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