Home > Blossary: Few Words on Appeal Court
Appeal Court is for Penal cases, being a Court of Grade B' after Penal Instance Court; while legal (penal) cases for delicts are examined at A' grade in Penal First Instance Court, once claimant of Lawsuit of Court of First grade is not satisfied with decision of this first grade Court, or defendr of this case, feels that he/she hasn't had a fair trial, both parties can submit Appeal to Appeal Court, within provided deadline, used to be in some countries, within 6 months, can be in up to 3 months, under some conditions, given/granted on basis of laws of C.P (Civil Procedure), by First Penal Court. This in brief.. Now once appeal has been submitted by Appealant to Appeal Court, any party and accepted, further in trial, terms are reversed. Now appealant can be ex defender or vice versa. Usually, as it happens, if claimant of B'grade submits Appeal as non satisfied with decision of first grade court, ex defender submits counter-appeal, and is still appealed. Or vice vers, ex. defender becomes appealant, as said above,once he/she feels hasn't had a fair trial, of a final but not definite, thus irrevocable decision from Court of First Grade. In Appeal Court case is examined in essence, thus based on essence of true facts; that's why more legal certificates may be brought to Appeal Court, more, new wits, and purpose of Appeal Court is verify case, by examining in depth. Actually,a new chapter 'opens' in this case, for the same legal affair of trial. In Penal Courts, such as Appeal Court lawsuits/pleas are called ''condemning lawsuits'', while always a 'condemning lawsuit'' still is ''lawsuit of recognition'', while we know, that in civil cases of First Instance Court, pleas are mostly of recognition, and in this case, a plea of recognition may not be a ''condemning plea/lawsuit'', just submitted plea has to be recognized by First Instance Court and not be rejected upon submission. -In Appeal Court, plea being of condemnation is still plea of recognition, as 'Appealant' claims throug plea and following trial, 'recognition of his/her legal right, and what is requested as claim based on legal right in the lawsuit. We call thse penal cases of Appeal Court, 'condeming as for ex. appealant, (if plaintiff of trial of Penal Court of first Grade, not being satisfied from decision), asks for further punishment, in a concrete way, should ask, for satisfaction of his/her legal right, in a concrete way, for ex. asks for moral damage compensation of amount X and not just any amount.. This process also applies and is related for criminal cases, of A Grade Jurisdiciton of Appeal Court (for ex. Appeal Court judging cases, as Court of A' Grade depending on gravity of criminal case, after having proof in advance, on which this claim is supported and all relative applicable factors. For ex. in cases, where there is process of pre-trial and proof of evidence apply in advance, Prosecutor, after sending report to Insquestor, and after Inquisition, both Inquestor and Prosecutor agree, that Court of Jurisdiction, depending on type of crime, is for ex. 1 or 3 Judge Appeal Court, the accused person will be judged by this competent court in this case, as judged from process of pre-trial,..not a simple delict that would justify adjudication of A'Instance Court of Delicts/Simple Penal Act(the number of judge, thus defining type of composure of Court, depending first on type of crime, involves usually number of persons involved in crime, and everyone is judged on basis of crime committed personally, or acting for ex. in gang, thus jurisduction is split in this case, in group-of trial. Appeal Court may issue irrevocable decisions, in some cases provided by law, thus ''intentional murder'', repetition of crime, and legal deriving results etc. and as we know Appeal Court involves crimes of fraude, judging upon result. If decision of Appeal Court is not irrevocable, then within 1-3 years after decision with suspension is not executed, or prisoning is temporary for some cases provided by law, or upon judgment of Judge, the process of Cancellation may be submitted within this while, to High Constitutional Court, for not meeting requirements of Constiitution, or in contradiction with major articles of Penal Code, that derive directly from Pirnciples of Constitution. This and much more, per case, separately,

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