Constitutionally protects the expelled immigrant by the wrong app of the Criminal Code | Spain
He is The Constitutional Court He granted the Ampo to the immigrant from Spain for the wrong application of the criminal law. The appealer committed the criminal actions in 2015 and was expelled by Malaga in 2023 by the audience’s decision, when he was already under consideration. The organ of guarantees gave the reason for the foundation of his complaint, assessing the audience as Mala The criminal terms were not used properlyThis case should not be considered the most favorable.
Previous legal resolutions have been appealed for the Public Health and exploitation constitution by assuming that they have violated their right to their criminal law- because it has applied “unfavorable criminal control” because it is not implemented on the date of crime in May 2015. The second chamber of Article is the correct of the criminal rule, the second chamber of the Article Criminal code In the implementation of May 2015, it was compatible with the same text in the same text, compatible with 89.1 and 2, which was applied to Malaga in November 2023 with a Retriactive character.
The sentence of the progressive sector of the court is a sentence called Ramon Saz- “This grapes and a relief should be given as” Judge’s Power “by replacing the prison sentence by replacing the prison sentence of the criminal code that was implemented during the facts that were controlled as the power of the judge.
On the other hand, the Article 89.2- It has now decided to abolish the expulsion of the criminal code- in these cases the “imperative rule” is replaced by showing that the rest of the fine will be replaced by the punishment of the Spanish territory. ” The exclusion provided in the Article 89.5 of the Criminal Code has only influenced “alien is not legally resident in Spain.” On the other hand, Article 89.1 and 2 represent a “foreign citizen” without any difference in their regular or irregular situation.
Based on these observations, the constitutional assessment, in this case, has been violated by the appellant’s criminal legitimacy and, as a result, declared the void of resolutions issued as the Provincial Court of Mala during the Judicial Executive phase. The importance of the sentence is not to abolish the previous judgment of hearing, and the organs called the Hoys Organs give a pattern of similar immigrants’ cases of similar immigrants from Spain, for the wrong application of the above criminal principles.
