The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure
The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in ot...
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Format: | Article |
Language: | English |
Published: |
Danubius University
2017-03-01
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Series: | Acta Universitatis Danubius: Juridica |
Subjects: | |
Online Access: | http://journals.univ-danubius.ro/index.php/juridica/article/view/3868/3948 |
Summary: | The right to appeal, respectively the right on complaint as per our legal vocabulary,
constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular
the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in
other aspects through the comparative description it aims to bring more clarity in differences and
similarities that exist in between the appeal which is used in our criminal proceedings and the appeal
which is used in the criminal proceedings that take place in the supranational courts. It is known that in
courts which consist of international elements, the appeal is positioned in a more advanced level, due
to the fact that there are grounds of suspicion used over every element that could be used in any national
criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court
decisions brought by the court of first instance, while, in the procedural aspect it has more or less
differences depending on the regulations of criminal procedures of that state. Such difference due to
the diversity of the legal systems today are also accepted as the universal legal value, since
establishment of international tribunals provides the best practice in this field. |
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ISSN: | 1844-8062 2065-3891 |