The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure

• Author: Vilard Bytyqi
• Position: PhD Candidate, Lecturer at the Faculty of Public Safety, Kosovo Academy for Public Safety, Republic Kosovo
• Pages: 131-140

JURIDICA

131

The Right to Appeal as a Fundamental

Right under International Acts and

Jurisprudence, with Special Emphasis on

Criminal Procedure

Vilard BYTYQI

1

Abstract: The right to appeal, respectively th e right on complaint as per our legal vocabulary,

constitutes the basic trun k 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 in ternational 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 s tate. Such difference due

to the diversity of th e 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

1. Notion of Appeal in Criminal Proceedings, in General

The right to appeal takes place into the historical category, due to the fact that this

right, as such, has existed since the establishment of judiciary as a form of judging

a person with criminal charges for committing a crime.

The notion of appeal refers to the right of the accused and the prosecutor (the

prosecuting authority) to have the chance to appeal the judgement of the court of

first instance, under the pretense of any eventual error undertaken by this level of

1

PhD Candidate, Lecturer at the Faculty of Public Safety, Kosovo Academy for Public Safety,

Republic Kosovo, Corresponding author: Vilard.Bytyqi@rks-gov.net.

AUDJ, vol. 13, no. 1/2017, pp. 131-140