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”:
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:
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