Cassation appeal, of 12 July 2019, filed on behalf of the applicant

The cassation appeal is the vertical control of the conviction. This annex documents what was elevated to the Supreme Court and when.

The brief and its dates

• Filed on 12 July 2019 — three months after the judgment (A.26) — before the Second Chamber of the Supreme Court.
• Processed as cassation appeal 3241/2019.
• Resolved on 2 June 2021 (A.29): twenty-three months of pendency.

What it placed at the Chamber's disposal

• The registry chronology incompatible with the proven facts: incorporation of the company on 14 September 2012 against management declared since May (A.1, A.2, A.3).
• The requirement of powers by the Administration itself, never complied with (A.4).
• The inspections and payments of 2012 against the declaration of non-compliance of 2013 (A.5, A.6, A.10).
• The incidents of the trial's audiovisual record and the situation of imprisonment prior to the hearing (A.16, A.18, A.21, A.22).
• The avenue of Article 852 of the Criminal Procedure Act: the infringement of a constitutional precept as a ground of cassation — the avenue existed and was used.

The appeal, in dates

→ 5-4-2019 — Judgment 21/2019 (A.26) → 15-4-2019 — preparation brief, ten days later (DOC-0133) → 12-7-2019 — lodging before the Second Chamber (DOC-0109) → 5-11-2019 — the appeal passes to the rapporteur (DOC-0118) → 11-5-2021 — admission order, 22 months later (DOC-0127) → 2-6-2021 — dismissing judgment (A.29, DOC-0112)

What happened in the meantime

During the twenty-three months of pendency, the conviction deployed effects: the patrimonial enforcement advanced (A.41) and the convict's personal situation consolidated in the terms documented by A.45 and following. The appeal does not suspend; time, by contrast, executes.

How to verify it

Compare the date of filing with the date of the resolving judgment (A.29). Then look, in that resolution, for the treatment of each of the documents listed above. That comparison is the object of the following annex.

Contrast with the original file

The complete cassation file appears in Bilbao Original: preparation (DOC-0133, DOC-0124, DOC-0157), formalisation in 124 pages (DOC-0116, DOC-0129), submissions to the prosecution's challenge (DOC-0121) and the complete LexNET series with its dates (DOC-0109 to DOC-0128).