Complaint against the decision

§ 369. 

(4) There is no place to appeal against the decision of the Prosecutor General's Office.

The override

§ 374. (1) An appeal may be submitted

a) against the rejection of a motion for partial lifting of the code of conduct for absenteeism or criminal supervision,

b) against the order of confiscation or seizure used to secure confiscation of property,

(c) against an order for detention if ordered by the prosecution or the investigating authority,

(d) against an order to sell the seized item if ordered by the public prosecutor's office or the investigating authority,

(e) if the Public Prosecutor 's Office or the Chief Public Prosecutor' s Office has rejected a complaint which:

ea) 84 the research,

eb) the search,

ec) the seizure of a postal item not yet delivered to the addressee,

(ed) the seizure of a communication or item not yet transmitted to the addressee in the course of an electronic communications service; or

(ee) the seizure of a means of proof related to this activity held by the media content provider under the law on freedom of the press and the basic rules of media content;

infringed his order,

(f) if the public prosecutor's office or the superior public prosecutor's office has rejected the suspect's complaint which has challenged the decision to restrict access to the file or to refuse a request for access,

g) against the provision of a decision terminating the proceedings pursuant to Section 402 (2) pursuant to Section 402 (3) and (4).

(2) 85 An appeal must be lodged with the court within eight days of service of the decision referred to in paragraph 1. The appeal shall state the decision against which the appeal is directed and the reason and purpose for which the appeal is to be lodged.

3. An appeal against a decision pursuant to paragraph 1 ( d) shall have suspensory effect.

(4) The court may adjudicate the appeal not without obtaining the files and the observations of the prosecutor's office, if this is possible on the basis of the content of the appeal.

(5) 86 If it is not possible to decide on the appeal on the basis of paragraph (4), the court shall obtain the files from the public prosecutor's office together with the service of the appeal.

(6) The public prosecutor's office shall send the case files to the court within five working days and may comment on or submit a related appeal to the appeal.

Criminal costs in the event of termination of proceedings

§ 402. (1) In the event of termination of the proceedings, the criminal costs shall be borne by the state, with the exception described in paragraph (2).

(2) In the event of termination of the proceedings, the public prosecutor's office may order the suspect to pay all or part of the criminal costs if the proceedings

a) due to active remorse,

(b) due to the effective expiry of the duration of the conditional suspension of the proceedings; or

(c) by reprimand

terminates.

(3) If the suspect in his complaint against the decision to terminate the proceedings also infringes the provision for the payment of criminal costs and the superior prosecutor's office does not uphold the complaint, the suspect may file an appeal against the provision for the payment of criminal costs.

(4) If the suspect infringes only the provision of the decision terminating the proceedings which is mandatory for the payment of criminal costs, the appeal shall be considered as a motion for appeal. In this case, the prosecutor's office forwards the appeal, together with the case file and its remark or motion, to the investigating judge within three working days.

§ 403. (1) 98 Upon request, deferral or payment of installments for the payment of criminal costs may be permitted pursuant to Act CCXL of 2013 on the Implementation of Penalties, Measures, Certain Coercive Measures and the Blocking of Infringements. (hereinafter: the Bv. Act) under the conditions and within the framework specified in Section 42 (1).

(2) A request for deferral or installment payment shall not have suspensory effect.

(3) The prosecutor's office ordering the payment of the criminal costs shall decide on the application. There is no appeal against this decision.

§ 420. 
3. An appeal may be lodged against an order that proceedings be continued pursuant to paragraph 2 ( c) .

§ 457. An appeal shall suspend the final decision in so far as it is overturned by the court hearing the appeal. A final decision becomes final if it has a provision that is not appealed by the appellate court.

477
(3) An appeal against a decision of the court which performed the duties of the court before the indictment shall be adjudicated in accordance with the provisions of this Part, even if the case has been prosecuted. The examination of the appeal shall be waived at the same time as informing the appellant and, if not the public prosecutor's office, the public prosecutor's office, if the court of first instance has already decided to maintain a coercive measure affecting personal liberty in preparation for the hearing.

Remedies

§ 480. (1) The court may file an appeal against the decision

a) the public prosecutor's office,

b) the petitioner,

(c) to whom the decision contains a provision; or

(d) the defense counsel against the decision communicated to the suspect.

2. An appeal against a decision made at a meeting shall be announced immediately after its announcement. An appellant who was not present at the announcement of the decision may file an appeal within three days of the meeting. An appeal against a decision taken on the basis of the file may be lodged by the claimant within three days of service.

(3) If a motion to order arrest is rejected, including if the court orders criminal supervision or detention instead of arrest, the prosecutor's office, the accused or the defense counsel may, at the same time as the statement of appeal, request that the appeal be heard at a hearing. . The accused must be warned of this when making appeals.

§ 481. (1) The court shall send an appeal against the decision immediately after the receipt of the statements or after the expiry of the term for appeal, directly to the court with jurisdiction and competence to adjudicate the appeal.

(2) An appeal against the decision of the investigating judge shall be adjudicated by the Second Chamber of the General Court.

(3) The appeal shall be adjudicated by a court session, with the exception specified in paragraph (4).

(4) In the case of Section 480 (3), the Second Chamber of the General Court shall hold a meeting. The tribunal may hold a hearing in the absence of a motion to that effect. The meeting was held in accordance with Articles 474 to 475. § shall apply. There is no obstacle to the adjudication of an appeal if the accused does not appear at the hearing. The meeting is attended by a prosecutor from the prosecutor's office proposing the arrest warrant.

§ 482. There is no place for appeal

a) a decision on the motions related to § 303 (2) and (3), § 309 (2) and (4) and § 314 (2) of the coercive measures within the jurisdiction of the court,

b) with the exception of a decision made on the basis of Section 253 (4), in connection with the use of concealed devices subject to judicial authorization in accordance with Section XXXVIII. Decision taken under Chapter

c) a decision to change the fine,

(d) the decision to declare the witness particularly protected,

e) a decision ordering the continuation of the terminated proceedings pursuant to Section 400 (5), and

(f) the decision on the appeal

against.

§ 483. (1) A decision made on the basis of this Part shall be executed or enforced, regardless of the appeal, with the exception specified in subsection (2).

(2) Deferred effect

(a) a public prosecutor's appeal notified of the termination of a coercive measure affecting a person's liberty, if the termination was not requested by the public prosecutor's office, and

b) an appeal against the obligation of a person who refuses to testify under Section 174 to disclose the identity of the person who provided information to him or her.

(3) The court may refrain from making a decision on the appeal against the final non-decision order, but this shall not prevent it from issuing another non-decision order on the matter.

(4) If the law allows an appeal against the non-decision-making order of the court, the court making the decision at first instance shall be bound by the order of the contested non-decision-making decision until the appeal is adjudicated.

§ 562. (1) If neither the prosecutor, the accused nor the defense counsel has filed an appeal against the final decision communicated by way of promulgation or service, the abbreviated justification of the decision is provided in § 561 (3) a) –c) and (e) as well as an indication of the applicable legislation. If the court has taken into account the length of the criminal proceedings as an attenuating circumstance when imposing the sentence, a reference to this must be included in the abbreviated statement of reasons for the decision.

(2) If the appeal is directed only against the provision concerning the penalty or the measure, the reasons for the final decision shall also be based on those specified in Section 561 (3) ( a) to (c) and (e) and Section 564 (4). can stand.

THE APPEAL

The right of appeal

§ 579. (1) An appeal against a final decision of a court of first instance may be lodged with the court of second instance.

(2) An appeal against a non-decision-making order of a court of first instance shall be subject to an appeal to the court of second instance, unless this is precluded by this Act.

(3) The rules for appealing against a judgment shall apply to the settlement of an appeal against an order, provided that in the case of a non-judgment order:

(a) Section 583 (3) and Section 590 (5) and

(b) other interested parties have the right to appeal.

Limits of the appeal

Section 580 (1) There is no place for appeal

a) against a petition for the termination of parental custody and against a lawful order to enforce a civil claim,

(b) against the dismissal of an appeal notified after acknowledgment of the judgment,

(c) on the grounds that the court has given a final decision in the absence of the accused, if the presence of the accused at the hearing was not mandatory,

(d) against the order for reference; and

(e) against a judicial measure which does not require a decision.

(2) If the court has accepted the accused's statement of guilt by an order, there shall be no appeal against the judgment.

(a) a finding of guilt; or

(b) the facts and classification of the charge

due to.

(3) If there is no appeal against the order or measure of the court, the person entitled to appeal against the final decision may appeal against the order or measure of the court in his appeal against the final decision.

They have the right to appeal

§ 581. He has the right to appeal against the judgment of the court of first instance

a) the accused,

b) the prosecutor's office,

c) the defense counsel, even without the consent of the accused,

d) the heir of the accused, against a provision granting a civil claim,

e) the accused's spouse or partner against the ordering of compulsory medical treatment, even without the accused's consent,

f) the private party opposes the provision assessing the merits of the civil claim,

(g) the proprietor of the property against the provision relating to him.

Notice of appeal

§ 582. (1) With whom the court of first instance notifies the judgment by promulgation, it may immediately announce its appeal or reserve three working days for this. Failure to meet this deadline is not justified.

(2) If the court of first instance notifies the non-decisive order by publication, the appeal shall be announced at the time of publication of the order.

3. An appeal may be brought against a judgment served by service within eight days. This provision shall also apply if the court of first instance communicates the operative part of the judgment by service.

(4) An appeal which was not notified at the time of publication shall be lodged with the Court of First Instance in writing or recorded in the minutes.

5. The court of first instance shall inform the accused and the defense counsel of the appeal filed by the public prosecutor's office pursuant to subsection (4).

Grounds, content and direction of the appeal

§ 583. (1) An appeal is valid for legal and factual reasons.

2. There shall be a right of appeal against any provision of the judgment and the grounds on which it is based.

(3) An appeal shall lie only

(a) the sex and the extent or duration of the penalty or measure imposed,

(b) a provision of the judgment which is the subject of a simplified review procedure, a provision on the application for the cessation of parental responsibility or a substantive civil action, or

c) the content of the grounds for the acquittal judgment pursuant to Section 566 (4) and the grounds for the termination decision pursuant to Section 567 (5)

also against.

(4) The prosecutor's office may also appeal against the accused and in favor of the accused, the accused and the defense counsel may only appeal in favor of the accused; the prosecution must indicate in its appeal if it is directed against the accused.

§ 584. (1) The appellant shall indicate against which provision of the judgment or which part of the reasoning his appeal is lodged.

(2) If the court has found the accused guilty in several of its criminal offenses or has acquitted or terminated the proceedings against him or her on charges of several criminal offenses, the appeal shall indicate which provision he or she is infringing.

(3) The appellant may not subsequently extend his appeal pursuant to Section 583 (3).

(4) If the appeal lodged does not comply with the provisions of paragraphs 1 to 2 and its content cannot be clarified at the time of notification, it shall be deemed to have been notified against all the provisions of the judgment, with the exception of the acquittal or the dismissal provision.

(5) A new fact or new evidence may be established in the appeal only if the appellant suspects that the fact or evidence on which the appeal is based arose after the judgment was pronounced or became known through no fault of his own after the judgment was pronounced. An appeal may also include evidence which was rejected by the court of first instance.

(6) The public prosecutor's office and the defense counsel shall be obliged to substantiate the appeal in writing. The statement of reasons may be lodged with the court of first instance until the file has been lodged and with the court of second instance after the file has been lodged, at the latest on the fifteenth day before the hearing or trial.

(7) If the time limit specified in subsection (6) is missed by the public prosecutor's office, the chairman of the council shall inform the head of the public prosecutor's office thereof.

§ 585. A private party may change a civil claim in an appeal against a provision of a judgment of a court of first instance adjudicating the merits of a civil claim and in second instance court proceedings under the provisions of the Code of Civil Procedure on changes in lawsuits and related proceedings.

Observations on the appeal

§ 586. (1) Until the submission of the case file, the persons concerned by the appeal may submit observations on the appeal to the court of first instance, and after the submission of the file file to the court of second instance.

(2) In the remarks of the public prosecutor's office and the accused concerned by the appeal or his or her defense counsel, he or she may invoke the ground for revocation specified in Section 607 (1) and Section 608 (1) even if he or she has not appealed.

Withdrawal of the appeal

§ 587. (1) The appellant may withdraw his appeal until the decision of the court of second instance adjudicating the appeal is made.

(2) The appeal of the public prosecutor's office may be withdrawn by the public prosecutor's office attached to the court of second instance after the submission of the case files. If the public prosecutor's office withdraws the appeal and no one else has appealed, the case files are returned to the court of first instance together with his statement.

(3) An appeal filed by another person in favor of the accused may be withdrawn by the appellant only with the consent of the accused. This provision does not apply to appeals from the prosecution.

4. A withdrawn appeal may not be re-lodged.

Actions to be taken by the Court of First Instance and the Public Prosecutor's Office following an appeal

§ 588. (1) An appeal which is excluded by law, originates from a person not entitled to it or is delayed shall be rejected by the court of first instance. An appeal lodged again in this way shall be dismissed by the court without giving any substantive reasons.

(2) If the time limit for appeal has expired for all rightholders, the single judge or the President of the Chamber of the Court of First Instance shall file the case with the Court of Appeal immediately after the final decision has been recorded in writing.

3. If an appeal is based on a procedural irregularity the circumstances of which are not apparent from the file, the single Judge or the President of the Chamber shall state that fact in the application.

(4) The public prosecutor's office attached to the court of second instance shall send the case files to the court of second instance within two months with its motion, especially in a complex or large-scale case. In exceptional cases, the head of the prosecutor's office may extend the deadline by another month.

Second instance court proceedings

§ 730 An appeal against a judgment and order of the court of first instance shall be adjudicated by the court of second instance within two months of the arrival of the case.

FREEDOM AND RESPONSIBILITY

XXVIII. article
(7) Everyone has the right to an appeal against a judicial, administrative or other administrative decision which infringes his or her rights or legitimate interests.