Fundamental right integrated into art. CE, with a double material (or substantive) and procedural dimension. The first prevents the same subject from being sanctioned on more than one occasion with the same basis and for the same facts, since this would imply a disproportionate punitive exercise that would violate the citizen's guarantee of predictability of sanctions. The second prohibits, in the primitive sense, the duplicity of criminal procedures when there is the triple identity of the subject, fact and foundation. Therefore, it is not possible to proceed with a new criminal prosecution if the first process has concluded with a substantive resolution with the effect of res judicata, since such judicial decision remains effective over time and cannot be attacked or contradicted in subsequent decisions of bodies.
Judicial protection, since otherwise the judicial protection granted by the judicial body that issued the first final decision would be undermined, as well as the principles of security and legal certainty. On the other hand, the subject wo Latvia WhatsApp Number List uld be forced indefinitely to endure possible new prosecutions for the same facts. According to the considerations described, in the cases in which the facts prosecuted had already been the subject of analysis in another criminal proceeding and their evidentiary result had confirmed that they could not be included in a criminal offense for whatever reasons - in this case, because they were mere contractual breaches -, keep in mind that at that moment the effect of res judicata occurred with respect to those events.
In the case studied, as will have happened and will happen in many others, since the Provincial Court that has condemned our client has not recognized the effectiveness of res judicata of what was done in those first preliminary proceedings (because the order that put an end to the the same as provisional dismissal), has undermined their right to effective judicial protection under art. CE and a process with all the guarantees of art. CE, as well as art. of the same Fundamental Law that sanctions the principle of legality. All of this, because our client had to endure the burden of a new criminal procedure for the same facts (which has also culminated in a conviction) when the issue had already been resolved by another judicial body that had proclaimed their atypicality. Beatriz Carballo Spain Beatriz Carballo Spain - Present Miguel Bajo & Alfonso Trallero Abogados May -Currently Criminal Lawyer Drafting of briefs, appeals, planning of defense and prosecution strategies, preparation of trials, meetings with clients, trips outside the capital Practice in all criminal instances (Criminal Courts, AP, AN, TSJ, TS) Participation in criminal cases of public interest: Gürtel, Bankia, Black Cards, Operation Lezo, etc.