Spain

On 25 May 2022, the Criminal Chamber of the Spanish Supreme Court upheld the appeal for review (recurso de revisión) filed by a man against issued by Criminal Court No. 2 of Elche.

The applicant was sentenced as the author of a crime of serious disobedience to the authority, with aggravating circumstance of recidivism, for not having complied with the warning that was addressed to him by agents of the national police while he was walking down the street, being aware of the prohibition to do so, as leaving his home was not justified by any of the causes established in Article 7 of Royal Decree 463/2020, by which the State of Alarm was declared.

The Supreme Court upheld the appeal because the Constitutional Court had declared Royal Decree 463/2020 unconstitutional (see case summary in our database: Spain, Constitutional Court, 14 July 2021, Sentencia 148/2021). This should be considered a new fact that would have given rise to the issuance of a judgment of acquittal. Therefore, even though Article 954 of the Criminal Procedure Act does not expressly mention this particular situation of unconstitutionality, it nevertheless establishes that final sentences may be reviewed when new facts or evidence arise, “which, had they been provided, would have determined an acquittal or a less serious conviction”.

Reference: STS 2138/2022 / ECLI:ES:TS:2022:2138.

Full text of the decision available at poderjudicial.es es