Humanities

What is an appeal? »Its definition and meaning

Anonim

The term appeal is derived from the Latin "apellare" which means "to ask for help." It is a word used in the legal context, to define the means of challenge, by means of which, it is sought for a court to annul or amend the sentence handed down by another of lower hierarchy, considering it unfair. Within the judicial sphere, there are different hierarchically structured instances. This means that the decision of a court can be re-examined by one of higher rank. When a judge issues a judicial opinion, it is likely that there is disagreement by one of the parties involved; When this occurs, the most common is that the dissatisfied party introduces the appeal, requesting a higher body to review the sentence and if it considers that it has any imperfection or failure, correct it accordingly.

When the jurisdictional opinion does not accept any appeal; or the period to present them has ended, it is called a final judgment.

Those whose judicial resolution affects them directly, are those who can file the appeal, therefore, the one who obtained what he asked for cannot appeal, unless he has not obtained compensation in damages.

The steps to follow to introduce an appeal are as follows: a writing must be drawn up, in which the grievances are expressed, which the judgment issued may cause; it must be written in moderate language and refraining from offending the judge; otherwise a fine will be applied.

The appeal is considered an expression of the right to effective judicial protection. It is so much so, that in Europe human rights defense bodies consider that if an accused does not have the opportunity to appeal his conviction, he would be committing a violation of his rights as a human being and as a citizen.