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SabahAbogados

Criminal appeals

A criminal court decision is not always the end of the road. We check whether there are grounds to appeal and explain it to you clearly.

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What it involves

Criminal appeals (recursos penales) allow you to ask for a review of a decision made in criminal proceedings: a conviction or an acquittal, the dismissal of a complaint, pre-trial detention or a restraining order. Depending on the case, they are filed with the same court or with a higher court, and always within short deadlines.

Is this your case?

  • You have been convicted and believe the evidence was not properly assessed.
  • You are a victim and the court has dismissed your complaint.
  • A relative is in pre-trial detention and you want to apply for their release.
  • The judgment includes your expulsion from Spain and you want to challenge it.

How we help

We study the decision and the whole case file, and tell you honestly whether there are solid grounds for appeal. If there are, we draft the appeal, argue the errors in the facts or in how the law was applied, and follow the proceedings until a decision is made. We can handle the appeal even if we did not defend you before. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.

If the conviction affects your residence, we also look at deportation / expulsion, and when possible, we help you with criminal record cancellation.

Frequently asked questions

What is the difference between a recurso de reforma and a recurso de apelación?
A recurso de reforma (request for reconsideration) is filed with the same judge who made the decision, asking them to review it. A recurso de apelación (appeal) goes to a higher court. Depending on the decision, one, the other or both may be available.
My complaint has been dismissed. Can I appeal?
In many cases, yes. If the court closes the case (sobreseimiento) and you believe there is enough evidence, you can appeal to have the investigation reopened. You need to act quickly.
Can I be deported from Spain because of a criminal conviction?
In some cases, a conviction can lead to expulsion, either by replacing the sentence or through later immigration proceedings. If you are in that situation, we look at whether an appeal is possible and how to protect your residence.

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Tell us about your case.

A first conversation — confidential and without obligation — to understand whether we can help, and how.

We speak Spanish, Arabic, Tamazight (Berber), French and English.