1. What is an Appeal?
Appeal is the process of reviewing a court decision by applying to a higher court and changing or approving it when necessary. The appeal only examines the legality of the decision, not the decision of the lower court. Therefore, evidence is not re-presented during the appeal review, only legal arguments are emphasized.
2. Legal Remedy of Appeal in Criminal Cases
In criminal cases, the legal remedy of appeal provides legal protection against convictions. The party who received a conviction may question the legality of the decision and appeal this decision. The appeal process usually takes place in a higher court, which evaluates the lower court’s decision in terms of its legality.
3. Appeal Process
The appeal must usually be filed within a certain period of time. This period may vary depending on the legal system of the country. An appeal is usually made through a petition, claiming that the appealed decision is unlawful for certain reasons. The superior court examines the appeal and makes its decision.
4. Issues That Can Be Examined on Appeal
The issues that can be examined on appeal are generally of a legal nature. For example, issues such as evaluation of evidence, legal errors, irregularities in the trial process or the legality of the sentence may form the basis of an appeal. However, on appeal there is no re-submission of concrete evidence or a new trial.
5. Decisions That Can Be Appealed
The appellate court may confirm, modify or partially modify the decision of the lower court. These decisions are made based on the grounds of the appeal and the evidence. If the upper court finds the lower court’s decision to be lawful, it rejects the appeal.