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19 September, 19:21

What happens during the appeals process for a criminal trial?

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  1. 19 September, 20:57
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    Appeal is the appropriate remedy for a conviction or not, whenever a final judgment is appropriate, causing the appeal of the sentence to be appealed in the strict sense.

    The party may attack part or all of the sentence. It will be composed of two distinct pieces. The first is the interposition piece in which the party informs the judge that does not agree with the decision rendered in the proceedings and that it wishes to appeal and for that it requires that a deadline be given to present the reasons for appeal. The deadline for presentation of the interposition piece is 5 days.

    If the judge finds that the petition was filed within the legal deadline, it will be opened for the party to present the reasons for appeal and within 8 days. The reasons for appeal shall be addressed to the ad quem (Court of Justice).

    In the reasons, the appellant must describe all his nonconformity with the decision, and by appealing for the acquittal of his client or requesting a new classification of the criminal type, or if he is acting as assistant to the Public Prosecutor or criminal complaint, should request the condemnation of the accused and other issues of law as being increased in the minimum amount of compensation for damages caused, among other requests

    When the case is referred to the Court of Justice, the case will be heard by the Public Prosecutor, who will deliver his opinion and the draftsman will conclude shortly thereafter without a judgment.

    Soon thereafter, the process will be put "in the pipeline" for the trial by summoning the lawyer of the day and time that the session will be held, as well as in some courts the lawyer is summoned to indicate if he wishes to make oral support.
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