El recurso de apelación contra sentencias en el anteproyecto de ley de Enjuiciamiento Criminal

Abstract

This paper analyzes the novelties introduced by the ALECrim20 in relation to the appeal against sentences. Among these novelties, we will pay special attention to the analysis of the different treatment that the Draft Bill gives to the parties in this appeal, depending on who has appealed. Specifically, the convicted party is allowed to appeal for any reason, including error in the assessment of the evidence, and may introduce new facts, as well as propose evidence in exceptional cases similar to those provided for in our current Criminal Procedure Act. On the other hand, the prosecuting parties are not allowed to request the revision of the facts declared proven in the appealed sentence, nor to incorporate new facts in the appeal. Can they propose evidence, except when the convicted party has previously done so and, in these cases, they may even request the practice of evidence already practiced in the first instance