The victim is the great one forgotten the criminal process, even if regulation exists so much national, community as international that try to endow a relevant role to the victim in the criminal process comparing her procedural laws to those of the investigated defendants, the certain thing is that they exist certain regulations that, under the premise of the protection of the rights of the defendants, produce one indirect discrimination in the victims of the crime, since it is the case of the criminal appeals against the judgments acquittals. In addition, this regulation of the recourse to criminal appeal may result in secondary victimization. In this paper, the possibility arises that the current regulation of criminal appeal in cases of gender violence is unconstitutional on grounds of discrimination, for not respecting the hierarchy of rules when contravening a special rule such as the Statute of the Victim and being contrary to international and Community legislation. [ABSTRACT FROM AUTHOR]