During the processing of the appeal
Posted: Mon Dec 23, 2024 10:11 am
The consequences will be different depending on the stage at which death occurs.
Instruction phase
The case will be dismissed if the death occurs during the investigation. According to article 637.3 of the Criminal Procedure Law, the judge will issue a free dismissal order, that is, the criminal proceedings will be totally and definitively suspended. However, this order does not affect the rest of the suspects.
For example, in the black card trial there were 66 defendants, 65 of whom sat in the student mobile number dock after one of them died before the opening of the oral trial.
Oral trial phase
An acquittal will be issued. According to the Supreme Court ruling of March 22, 1993 , it states that said acquittal cannot contain in the proven facts references to actions of the deceased, since said person, having died, cannot be tried .
Miguel Blesa died after having lodged an appeal before the Supreme Court. This appeal must continue, with the possibility that its ruling will revoke or confirm the National Court's conviction.
If the judgment becomes final and determines financial liability, claims may be made in civil proceedings against the heirs of the deceased.
There is already a conviction sentence
If the person convicted by a final judgment dies, his death will mean the filing of the proceedings or enforcement due to extinction of criminal liability, in accordance with article 130 of the Criminal Code.
Civil liability
The death of the person under investigation, accused or sentenced extinguishes criminal liability, since it would be impossible to carry out the sentence. But the civil and financial consequences arising from a final judgment are another matter, since the heirs must take this into account when proceeding to the distribution of the inventory of the inheritance.
Article 16 of the Civil Procedure Act regulates procedural succession in the event of death. The first section of the provision establishes the succession of the defendant or plaintiff by his or her successors in the event of their death.
Instruction phase
The case will be dismissed if the death occurs during the investigation. According to article 637.3 of the Criminal Procedure Law, the judge will issue a free dismissal order, that is, the criminal proceedings will be totally and definitively suspended. However, this order does not affect the rest of the suspects.
For example, in the black card trial there were 66 defendants, 65 of whom sat in the student mobile number dock after one of them died before the opening of the oral trial.
Oral trial phase
An acquittal will be issued. According to the Supreme Court ruling of March 22, 1993 , it states that said acquittal cannot contain in the proven facts references to actions of the deceased, since said person, having died, cannot be tried .
Miguel Blesa died after having lodged an appeal before the Supreme Court. This appeal must continue, with the possibility that its ruling will revoke or confirm the National Court's conviction.
If the judgment becomes final and determines financial liability, claims may be made in civil proceedings against the heirs of the deceased.
There is already a conviction sentence
If the person convicted by a final judgment dies, his death will mean the filing of the proceedings or enforcement due to extinction of criminal liability, in accordance with article 130 of the Criminal Code.
Civil liability
The death of the person under investigation, accused or sentenced extinguishes criminal liability, since it would be impossible to carry out the sentence. But the civil and financial consequences arising from a final judgment are another matter, since the heirs must take this into account when proceeding to the distribution of the inventory of the inheritance.
Article 16 of the Civil Procedure Act regulates procedural succession in the event of death. The first section of the provision establishes the succession of the defendant or plaintiff by his or her successors in the event of their death.