The right to appeal on criminal procedure under international acts and jurisprudence

MSc. Vilard Bytyqi

Abstract


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. 


Keywords


Appeal, international tribunal, international treaty, legal error, error of fact, extraordinary legal remedy

References


Constitution of Republic of Kosovo (2008).

European Convention for the Protection of Human Rights and its Protocols

International Convention of Civil and Political Rights (1966)

Ismet Salihu, International Criminal Law (Prishtina, 2005).

Resolution of Security Council 771 (1992) approved on 13th August 1992

Rexhep Murati, Revision of criminal proceedings due to the new facts and proofs (Pristina, 2006).

Rome Statute for International Criminal Court, approved by the United Nations Diplomatic Conference of Plenipotentiaries for establishment of the International Criminal Court on 17 July, 1998, came into power on 1st July, 2002.

Rules of Procedure and Evidence of the Hague Tribunal

Statute of the Hague Tribunal, 1993

The analysis of the proceedings of criminal cases on appeal in the Republic of Albania, (Tirana, 2007). Published by the presence of OSCE in Albania.

United Nations Charter (1945).

Universal Declaration of Human Rights (1948)

Zejnullah Gruda, International protection of human rights (Pristina, 2010).


Full Text: PDF

DOI: 10.21113/iir.v6i2.270

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Copyright (c) 2017 Vilard Xhavit Bytyqi

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