Criminal appeal

  Criminal law, crimes

He criminal appeal  It is used by people to show their discontent with the decision made by the judge. This is applied by lawyers.

In order for it to be carried out, a series of mandatory requirements must be met. We will explain all this to you in this article, therefore I invite you to review it until the end. 

What is called a criminal appeal? 

Is a demand either procedural document granted to a litigant who is deemed to be in violation of a court decision to appear before a higher court.

To amend a judicial decision issued by another subordinate, and then discuss the matter again in evidence to amend it.

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An appeal against a retrial judge's decision must be made in writing before the same judge makes a decision.

Within three days after the effective date of the notice in the case of an order or other judgment.

Where is the criminal appeal resource regulated?

To find out what the law tells us about resources criminal proceedings, we must refer to the Code of Criminal Procedure. Specifically, we should focus on the following sections:

First Book (General Rules), Title

Book four (on special procedures), book two (abbreviated procedures):

First Chapter (General Provisions) Article 766

Chapter Six (for discussion) Articles 790, 791 and 792.

In what procedure can the criminal appeal resource be used?

A criminal appeal can only be filed in certain procedural cases. These appeals can be presented as follows in a short procedure. 

In urgent prosecution procedures for some crimes. In a trial for minor crimes. First instance against sentence of a district court. During the court process.

Against whom is a criminal appeal filed? 

A criminal appeal is filed with the judge who issued the appeal order. The court competent to hear such appeal is the court that hears the case orally, that is, the criminal court or regional court.

How, when and within what period can a criminal appeal be filed? 

As a general rule, an appeal always requires written authorization signed by an attorney for the presence of an attorney to be determined necessary. criminal lawyer and a prosecutor during the process. 

Generally, a criminal appeal can only be filed after relief or, at the same time, in the same brief. The judge must decide on the appeal on the second day after providing copies of the case documents.

In a trial for misdemeanors, an appeal can be filed five days after the Criminal Court has announced guilt. 

If we are in a grand jury proceeding, the appeal must be filed within ten days of the notification of the verdict. 

Ultimately, the judge sends an appeal to the parties so that they can present the charges they deem appropriate within a period of ten days. 

Subsequently, if the judge deems it necessary, a hearing will be held. Five days after the hearing or ten days after receiving the car (in the absence of a trial), the judge issues the verdict.

Acceptance or non-acceptance of the criminal appeal

In accordance with the provisions of article 223 of the Criminal Procedure Code, after the appeal, the judge accepts for one or both purposes as the case may be.

If the admission is fully recognized, the process will continue according to the steps specified in the Code of Criminal Procedure. 

If accepted only once, the judge will ask for a certificate of all the documents presented, setting a date on which the testimony must be delivered. 

The two days following this sentence were the days in which the prosecutor and the appellant had to testify more and more. 

The judge will rule on the matter the next day without further appeals. If not accepted for treatment, compliance with the appealed sentence.

Is it important to resort to a criminal appeal?

Against him criminal appeal , there is only the extraordinary appeal for review and the appeal for annulment.