Court Revokes First Instance Decision on Grounds of Due Process - International Law Office

In a judgment issued on October 1 2004(1) the Madrid Court of Appeal ruled on whether non-compliance by a judge of first instance with the term - established by procedural law - during which a defendant may appear in court from the day of summons violated the constitutional right to due process.

In light of the evidence, the period between the day of summons and the day scheduled for the hearing before the court was clearly shorter than that established by law. The defendant appeared but was not duly represented. According to the judge of first instance, this qualified as non-appearance and the proceedings continued without the intervention of the defendant.

The court of appeal revoked the decision of the judge of first instance. It declared the process null and void on the grounds that non-compliance with the term established by law had deprived the defendant of its right to due process.

For further information on this topic please contact Jorge Hernández by telephone (+34 91 524 71 00) or by fax (+34 91 524 71 24) or by email (jorge.hernandez@cuatrecasas.com).

Endnotes

(1) RJ 273508.