Guillermo Jiménez & Asociados


The Provincial Court of Madrid annuls the sentence of a criminal trial for summoning the parties by SMS.

On May 12, 2023, the lawyers of a case involving a minor offense of alleged threats received a text message (SMS) from the 50th Instruction Court of Madrid, summoning them to trial as the reporting party for May 17. The law firm submitted a written request for the suspension of the hearing and scheduling of a new date for the trial, but this request was not granted by the instruction court, which proceeded with the trial and acquitted the reported party of the charges. Consequently, in the appeal judgment of the case, the Provincial Court has determined that the trial must be repeated, thus invalidating the previous one and its subsequent sentence. It recognized that the information process towards the reporting party was not adequate on the part of the instruction court, emphasizing that despite the many digital mechanisms available today to streamline daily work, justice must comply with certain communication channels that guarantee the right to judicial protection for all parties involved.

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