Part Two
COURSE OF THE PROCEEDINGS
Chapter XIX
LEGAL REMEDIES PROCEEDINGS
1. Ordinary Legal Remedies
a) Appeal against a First-Instance Judgment
a. Right to File an Appeal
Persons Authorised to File an Appeal
Article 433
The parties, the defence counsel and the injured party may file an appeal.
An appeal may also be filed on behalf of the defendant by his spouse, a person with whom he lives in a common law marriage or other permanent personal association, lineal consanguine relations, legal representative, adopter, adoptee, sibling and foster parent, and the time limit for filing an appeal begins to run from the date when a copy of the judgment was delivered to the defendant or his defence counsel.
The public prosecutor may file an appeal both to the detriment of the defendant and for his benefit.
An injured party may file an appeal only in connection with the court’s decision on the costs of the criminal proceedings and the awarded restitution claim, and if the public prosecutor has assumed criminal prosecution from the subsidiary prosecutor (Article 62), the injured party may file an appeal in connection with all the grounds on which a judgment may be challenged.
An appeal may also be filed by a person whose object was seized or from whom proceeds from crime or assets deriving from a criminal offence were forfeited.
The defence counsel and the persons referred to in paragraph 2 of this Article may file an appeal without explicit authorisation by the defendant, but not against his will, except when the defendant was sentenced to a term of imprisonment of from thirty to forty years.
If the defendant’s confession in respect of all the counts of the indictment fulfils the conditions referred to in Article 88 of this Code, the defendant, his defence counsel and the persons referred to in paragraph 2 of this Article may file an appeal in connection with incorrect or incomplete finding of fact only in respect of the facts on which depends the decision on the type and extent of the criminal sanction.
Appeal against decision of acquittal or conviction or against sentence - national proceedings
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