Wrongful convictions in Spain: Systematic analysis of judgments from 1996 to 2022

Abstract

A comprehensive analysis of wrongful convictions in Spain was conducted. Out of 447 Supreme Court judgments made between 1996 and 2022, 243 cases involving a successful appeal made by a person claiming their innocence were examined in terms of the characteristics of wrongfully convicted individuals, the crime types, and the factors contributing to these judicial errors. An average rate of nine wrongful convictions per year was found, mostly for crimes against public safety and property, with a significant overrepresentation of foreign citizens. Legal professionals' misconduct was identified as the main factor contributing to these wrongful convictions. The mean time between the judgment and the conviction being overturned was around 4.5 years. More than half of the cases were reopened due to evidence indicating that the alleged crime never occurred. While new evidence was the primary reason for reopening cases, only 3 % were reopened based on DNA evidence. The systematic methodology used in this research may serve as a model for future studies on wrongful convictions in other countries. To reduce wrongful convictions in Spain, several key measures must be implemented. Legal representation should be mandatory for all individuals accused of crimes, without exception. Legal professionals must receive enhanced training to minimize judicial errors. Furthermore, stricter forensic protocols should be established, and forensic experts must be properly accredited to prevent the misapplication of scientific evidence in legal proceedings. Additionally, reforms are needed to ensure that plea bargains are subject to more rigorous scrutiny, and that minor crimes are properly investigated.