Main tasks and practical skills:
- The Judge shall determine who has the right to appeal and the limitation on appeals against a judgment or decision of first instance. The Judge should follow Article 231 of the CrPC and Section 1 of Part I of Resolution No. 05/2005. The Judge should also note the right to appeal of the lawful representative of the victim.
- The Judge shall determine the right to protest of the Procuracy as provided in Article 232 of the CrPC. In principle, the Procuracy of the same level or upper level shall have the right to protest against judgments or decisions of first instance. However, the Judge should determine which protest against a decision of first instance can be considered at the Court of Appeal. Therefore, the Judge should study Section 2 of Part I of Resolution No. 05/2005.
- The Judge shall check whether the procedure for the appeal is proper or not.
- Appeals are received and handled mainly at Courts of first instance. The Judge should study thoroughly Section 3 of Part I of Resolution No. 05/2005, and check whether the appeal is properly received and handled at the Court of First Instance in order to issue a relevant decision.
- When the Court of Appeal receives the application for the appeal, its attached documents and evidence (if any), the Court of Appeal shall transfer it to the Court of First Instance for it to conduct necessary procedures.
- The Judge shall check whether the appeal or protest is made within the time limit as provided in Articles 234 and 239 of the CrPC. In order to reach a proper conclusion, the Judge must determine the correct date of commencement and expiry of the time limit for appeals and protests, as provided in Section 4 of Part I of Resolution No. 05/2005.
- The Judge shall consider an overdue appeal
- If there is an overdue appeal, the Court of Appeal shall establish a Trial Panel consisting of three judges to consider the reason why the appeal is overdue. The consideration shall be conducted prior to the opening of the trial;
- The overdue appeal shall be accepted if there is a proper reason, i.e. in the case of force majeure or certain objective obstruction as a result of which the appellant could not appeal within the stipulated time limit. For example: natural disasters, floods and storms, illness or accidents that need hospital treatment;
- In order to consider whether the overdue appeal is in accordance with Article 235 of the CrCP, the Judge should study thoroughly Section 5 of Part I of Resolution No. 05/2005;
- The decision on acceptance of the overdue appeal must be in accordance with Form 01c and the decision on dismissal of such appeal must be in accordance with Form 01d (promulgated with Resolution No. 05/2005).
- The Judge should check whether the Court of First Instance has notified the appeal or protest in a proper manner or not? In order to reach a correct conclusion, the Judge should follow Article 236 of the CrPC and Section 6 of Part I of Resolution No. 05/2005.
- Notification of an appeal or protest must be in accordance with Form 01dd (promulgated with Resolution No. 05/2005).
- Change or addition or withdrawal of an appeal or protest must be in accordance with Article 238 of the CrPC and Section 7 of Part I of Resolution No. 05/2005.
- Notification of withdrawal of an appeal and protest must be in accordance with Form 01e (promulgated with Resolution No. 05/2005).
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