{"id":7064,"date":"2026-04-30T03:08:59","date_gmt":"2026-04-30T03:08:59","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7064"},"modified":"2026-10-31T11:23:02","modified_gmt":"2026-10-31T11:23:02","slug":"how-to-appeal-a-criminal-conviction-by-appealing-to-the-cassation-court-and-reviewing-the-decision","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/cum-ataci-o-hotarare-penala-apel-recurs-in-casatie-contestatie-si-revizuire\/","title":{"rendered":"The avenues of appeal in criminal proceedings: appeal and extraordinary remedies"},"content":{"rendered":"

Identify the decision and the available means of appeal<\/h2>\n

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.<\/p>\n

The appeal<\/h2>\n

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.<\/p>\n

Appeals in cassation<\/h2>\n

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\u2019s 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.<\/p>\n

The appeal for annulment and revision<\/h2>\n

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.<\/p>\n

What to check immediately<\/h2>\n