In appeal after criminal judgment
Appeal and resistance
You do not agree with the final decision
If you do not agree with the ruling in First Instance, there are still steps you can take. Two alternatives are possible. You can lodge an appeal or object to the final decision.
Appeal
The use of this legal remedy can be done by a deed of appeal signed by you (convicted person). Your lawyer or a third party can also lodge an appeal on your behalf by means of a special power of attorney signed by you (art. 446 Penal Code).
The Public Prosecutor can also appeal the final decision. For injured parties of criminal offenses, however, the law does not create room for appeals against the final decision of the judge.
If the summons to appear at the hearing has been served on you in person or you have appeared at the hearing, you can lodge an appeal within a period of 14 days after the final decision (Article 437 Penal Code). In other cases, an appeal can be signed no later than 14 days after a circumstance has occurred that shows that you, as a convicted person, are familiar with the final decision.
To appeal against a final decision, you must report to the bar of the court.
Resistance
If you do not appear at the hearing for which you have been summoned, the judge can deal with the case and give judgment in your absence. This is called a judgment in absentia.
You can object in absentia within 14 days after the decision, provided that the summons to appear at the hearing has been served on you in person. In other cases, objections can be made at the latest 14 days after a circumstance has emerged which shows that you, as a convicted person, are familiar with the final decision (Article 429 Penal Code).
To sign a statement of opposition you must report to the bar of the court.
Injured party in a case
Inspection of documents
As an injured party you can inspect the procedural documents (art. 376 Penal Code). Your lawyer or a person authorized by you can also do this on your behalf. To make an appointment to inspect the procedural documents, you must contact the court registry. On the day of the appointment you must bring the 'injured party notification' form that you have received from the Public Prosecution Service, as well as a valid proof of identity (passport, driver's license or identity card).