EL RECURSO DE APELACIÓN Y LA DOBLE INSTANCIA PENAL

Abstract

This paper tackles the matter of the urgent regulation on appealing judgments in the Spanish criminal process, due to the rule established in the art.14.5 of the International Covenant on Civil and Political Rights. Although the LO 19/2003 had stipulated a double instance to all the criminal processes, regardless the absolving or condemning sense of first instance decision, in this article, there is a critical examination on the likely content of the appealments and their non-desirable effects, which would derive from a generalized double instance. It also defends the introduction of a limited process of appealing