Re-trail proceedings in front of the appeal felony court in view of law no (1) year2024

Document Type : Original Article

Author

Vice President of the Court of Cassation

Abstract

Law no (1) year2024 was issued to create some procedural rules which regulate the right to lodge an appeal against the judgments issued in felonies .
- The article deals with default proceedings in felony case in front of the appeal felony court, and discusses many practical hypotheses, However, it reaches many result as follows:
(1)The appeal felony court may issue default judgments. In case the appeal is filed by the Public Prosecution. such judgment shall categorically become void, If the person convicted in absentia appears, or is arrested, thus new examination of the case is carried out.

(2)Either, the first instance felony court, or the appeal felony court, shall have jurisdiction to adjudicate the re-trial, according whether the first instance felony court has exhausted its jurisdiction by deciding on the matter or not, otherwise the judgment issued by convicting the accused or acquittal.
(3)The appeal felony court, may issue default judgments, in case of separate appeal, against judgments decided in case of the subsidiary civil lawsuit ,for remedial compensation filed against the person accused of the crime.
(4) criminal lawsuits limitation are applicable upon the default judgments issued by the appeal felony court , conversely the limitation-period for the sentence are applicable upon the default judgments issued by the first instance felony court.

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International Journal of Doctrine, Judiciary and Legislation
Volume 5, Issue 2
Issue 2, 2024
June 2024
Pages 632-644

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