Identify the decision and the available means of appeal

After a criminal judgment, the first step is to check whether it is final, who can challenge it and what the law provides. Appeal is the ordinary way to challenge a first-instance judgment that can be appealed. Annulment, revision and cassation are extraordinary remedies, each with its own grounds and conditions. Discontent with the solution is not enough to open any of them.

The appeal

The appeal allows the higher court to review the decision within the limits established by law and the reasons stated; it may address matters of fact and law. The deadline is usually 10 days and runs from the communication of the decision or, as the case may be, of the copy of the minutes. There are special rules, and the date and the act communicated must be verified immediately. The appeal does not suspend in any situation all the effects of the decision; the effect depends on the applicable legal provisions and the measures pronounced.

Appeals in cassation

The appeal in cassation is not a new appeal and does not usually reopen the analysis of the evidence or facts. It is an extraordinary avenue for certain final decisions, based on the limited list of grounds of illegality set out by the Code of Criminal Procedure. The deadline in cases provided for by the code is 30 days from the communication of the appellate court’s decision. The defendant and the other parties must also check the requirements for filing a petition with a lawyer with the right to make conclusions at the High Court.

The appeal for annulment and revision

The appeal for annulment may be used only for the procedural cases expressly provided for by law and under the conditions and deadlines related to each ground. The review concerns extraordinary situations listed in the code, such as certain new facts or circumstances or other expressly provided reasons. A new evidence or a claimed error does not guarantee admission; the legal conditions, the relevant nature and the relevant decision must be analyzed.

What to check immediately

  • the date of the decision’s communication or the minutes and proof of the communication;
  • if the decision can also be challenged by someone else;
  • the term and the court to which the appeal is filed;
  • the applicable legal grounds and the necessary documents;
  • the effect of the appeal on enforcement and whether a separate application must be made.

Do not wait until the deadline approaches to draft the reasons without checking the procedure: the rules regarding declaration and justification differ between the channels. If the deadline seems excessive, there may be limited remedies for thorough prevention, but they have strict conditions.

Legislative sources

The information is general. The available route, the deadline, and the reasons depend on the type of decision and the case file; check the document communicated with a criminal lawyer.