In legal and judicial proceedings there are always different remedies available that will allow major changes to be made during the process. The appeal is one of them, if not the most valuable of them all. Later on, we will give you a brief explanation about the purpose of this resource and we will try to clear your doubts.

What is an appeal in cassation?

The cassation appeal is used to annul a judicial sentence that has been issued with an erroneous application or misinterpretation of the law. It is catalogued as an appraised, extraordinary and devolutive recourse, it can be used in the resolutions issued by the Supreme Court.

It is legal and is found in the LEC. This means that any judgment issued in a Supreme Court may be overturned if it contains errors concerning the application of the law. The defendant’s attorney may request this remedy if he sees that the law is being interpreted erroneously.

In which situations is it feasible to resort to this resource?

It is applied in different legal or criminal situations that are of great importance. One of the most common cases is the violation of the law. This often happens because criminal laws undergo some changes and the outdated version of the law is mistakenly applied.

In addition, it can be applied when violations of constitutional precepts occur, both in appeals and in those of sole instance. Likewise, its application is valid in the event of a breach of form, in the form of the sentence or the form of the proceeding.

 

Steps to follow to apply this resource

A series of phases must be fulfilled when it is time to apply the cassation appeal. This will ensure the correct execution of the project. Let’s look at the specific steps to be followed:

• Preparation. This is the first phase and starts from the issuance of the judgment to which the appeal will be applied. There are five days to prepare it.
  Interposition. In this second phase, there are fifteen days to formalize the appeal before the Supreme Court.
• Substantiation. The third phase begins once the appeal is received, you will have ten days to analyze it and proceed to the last phase.
• Final decision. At this stage the court will either uphold or reject the grounds of appeal.

This resource is resorted to when there is no other option. It must have a devolutive and suspensive effect and its objective is to achieve or cause the law to be carried out in a legitimate manner. The application of this is likely to be successful at each stage, depending on the area in which it is used.

Areas where it can be used

There are several areas in which the cassation appeal can be used, as mentioned, it is legal and can be applied in several legal processes. Therefore, the main and prominent one is the criminal cassation appeal, explained above, which is used for infractions present in the Supreme Court’s sentences.

Another area is the civil section, which can be applied before the Provincial Courts for infringements of the applicable measures. In the same way, it is also applicable in the social and labor legal fields. In this case, it would be used for judicial incompetence, abuses, excesses in the practice of jurisdiction and failures in the analysis of evidence.

The appeal in cassation is a very useful legal tool commonly used by lawyers. We are at your disposal in our law firm located in Alicante. We have many years of experience in legal services. Do not hesitate to contact us.