The Criminal Appeal for Reconsideration

The criminal appeal for reconsideration ("Recurso de Reforma") is a procedural mechanism used to oppose decisions made by the judge in criminal proceedings. This summary covers its function, characteristics, applicable cases, and the procedure for filing.

What is the Criminal Appeal for Reconsideration?

The criminal appeal for reconsideration allows parties to oppose decisions made by investigating judges in criminal proceedings. It is regulated by Articles 216 to 221 and 766 of the Criminal Procedure Act (LECrim).

Article 216 LECrim:

"Decisions by the investigating judge can be challenged by appeals for reconsideration, appeal, and complaint."

Characteristics of the Appeal for Reconsideration

• Non-Devolutive: The same court that issued the decision resolves the appeal.

• Ordinary: Can be filed for any procedural violation.

• Non-Suspensive: The procedure continues despite the appeal being filed.

Article 219 LECrim:

"Appeals for reconsideration and appeal are filed with the same judge who issued the order."

Applicable Cases

The appeal for reconsideration can be filed against all orders by the investigating judge and, in some cases, against orders by the criminal judge.

Article 217 LECrim:

"The appeal for reconsideration can be filed against all orders by the investigating judge. The appeal can only be filed in specific cases determined by the law and will only be accepted with full effect when expressly provided."

Article 766.1 LECrim:

"Appeals for reconsideration and appeal can be filed against orders by the investigating judge and the criminal judge unless exempted by law. These appeals do not suspend the procedure unless otherwise stated by the law."

Filing Procedure

The appeal must be filed within three business days from the notification of the decision.

Article 211 LECrim:

"Appeals for reconsideration against decisions by judges and courts must be filed within three days of notification to the parties."

The appeal is submitted in writing, signed by the lawyer, and in some cases, by the legal representative. The opposing party has two days to present their arguments. The appeal is resolved by a reasoned order, and an appeal can be filed if allowed by law.

Relation with the Appeal

In abbreviated proceedings, filing an appeal for reconsideration is optional when also filing an appeal. However, in ordinary proceedings, it is mandatory to file the appeal for reconsideration first, but both appeals can be filed in the same document.

Article 766.2 LECrim:

"The appeal can be filed simultaneously with or separately from the appeal for reconsideration. Filing an appeal for reconsideration is not a prerequisite for filing an appeal."