The appeal is the means by which the modification of a resolution or sentence is requested by the higher judicial organization that issued it. An appeal filed against a sentence of a Criminal Court, for it to be reviewed by the Provincial Court. The appellate attorneys use the term appeal, to refer to those appeals against interlocutory resolutions, and for ordinary appeals that proceed against certain judgments, thus giving rise to the so-called “second instance”. Regarding the possible criminal law instances via appellate lawyers in a legal system, it is relevant to know the concepts of “single instance”, “first instance” and “second instance”:
- In a single instance, the judicial organization knows a case for the first and only time, and that resolution cannot be appealed at second instance. However, in this case, it is possible that the resolution adopted, there is the possibility of filing an extraordinary appeal if the law provides.
- In the first instance, it means that a judicial organization is aware of a case for the first time, the resolution is adopted, subject to appeal.
- The second instance occurs when a matter is known for the second time (Appeal). This preparation usually resolves when that was first heard.
The appeal of interlocutory resolutions
The interlocutory resolutions are those judicial decisions that do not end the criminal process, nor resolve appeals filed against final resolutions. The procedure that regulates, the form in which it is possible to appeal the interlocutory resolutions, differs according to whether it is the ordinary procedure or the abbreviated procedure.
The appeal of judgments
When it is directed against a judgment, the appellate attorneys appeal is conceived as a second instance. It is important to know that there are different systems of appeal, so on the one hand, it is possible to find modes of full appeal, which involve a total review of the sentence, by conducting a new trial, with a new practice of evidence. And on the other hand, it is possible to find limited appeal systems, this being the current system in our legal system, where the practice of new tests is restricted. The aim is to make possible a review of the assessment of the evidence, made by the Judge or Court of the first instance. Let’s sum some of the important statements for your attention:
- Once the appeal has been filed, the Judge admits it, on one or both of the effects, as appropriate.
- If the appeal is admitted for both purposes, the Court forwards the original proceedings to the Court that hears the appeal and summons the parties to appear before the Court within a term of fifteen if the Court is the Supreme Court or ten days.
- The appellate law uses the term appeal to refer to those appeals directed against interlocutory resolutions, and for common remedies that proceed against certain judgments.
- The appeal may be filed subsidiary to the reform or separately.
- The appeal shall be filed within five days of the notification of the contested order or the resolution through a written document stating the reasons for the appeal, indicating the individuals to be testified and the that they will be accompanied, where appropriate, by the supporting documents of the requests made.
- Once the Judge has admitted the appeal, it is sent to the other court parties for a standard period of five days so that they can plead in writing what they deem appropriate to point out in the case.
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