The trial stage starts when the court receives your case and continues until the final judgement of the final court instance is taken.

Appeals for decisions and judgements

All decisions and judgements of lower courts can be appealed before a higher court unless stated otherwise in the Criminal Procedure Code. It is very important to observe the time limits allowed for the appeals. Decisions and judgements on the merits of the case are most important for you and can be appealed within 15 days from the delivery. Decisions of the appeal courts stating on the merits as second instance courts may be appealed on points of law to the Supreme Court within 30 days.

Complaints about the actions in breach of judges' professional ethics and discipline

If you want to complain about certain actions in breach of professional ethics and discipline (but not decisions) of a judge in your case, you should submit a complaint to the Judicial Inspection, that is to be lodged through the secretariat of the Superior Council of Magistracy

example If a judge has used derogatory language against you during the proceedings, you should complain about that to the Judicial Inspection, by lodging it with the secretariat of the Superior Council of Magistracy.

Time-limits for complaints

Most of the appeals and complaints have a time-limit for their submission. These time limits are usually determined by law and they must be indicated in the decision you are appealing. However, you should always see the exact provision of the law or consult your lawyer to countercheck the applicable time-limit. 

However, some complaints do not have a specific time limit, because the issues you are complaining about can be discovered at any point during the trial. These complaints should be submitted as soon as possible after you have found out about any potential violation of your rights. 

example If you have found out about reasons why a judge in your case may not be objective or impartial, you should raise that issue as soon as possible.

Reasonable length of trial

If you consider that your trial risks exceeding reasonable time, you should write an application to the court requesting acceleration of the trial

If your trial has already taken unreasonably long and it gravely affected your rights, you should ask the court to reduce your sentence in the event of your conviction.

As well, if you believe that your trial has been unreasonably long, you may also ask a civil court to state on violation of your right to a trial within a reasonable time and afford you a pecuniary compensation in accordance with the specific Law.

Resources

Last updated 25/07/2023