THE SOME REGARDS CONCERNING THE TERM OF DECIDING THE APPEAL IN CRIMINAL PROCEEDING
THE SOME REGARDS CONCERNING THE TERM OF DECIDING THE APPEAL IN CRIMINAL PROCEEDING

Summary/Abstract: The right to exercise the Appeal is not absolute, it is being confined from several points of view. An Appeal limit is time. The requirements of legal certainty require time conditioning of the exercise for the appeal. The possibility of the unlimited Appeal can be exercised over time would lead to the establishment of a legal uncertainties and to disseminating a continuing tension among both acquitted defendants in first instance, similar to that of Mr. K. the main character from the novel The Process by Franz Kafka. The meaning of the matter is given by art. 410 from NCPP, stating that the Appeal may be exercised within 10 days. The preamble o the analysis for the Appeal term should stop on its legal nature. The term of Appeal is a legal term, procedurally, peremptory/ adjournment (depending on your perspective). The term is one that is lawfully prescribed expressis verbis by the legislator, not allowed by the judge to set another term. Furthermore, we appreciate that the wrong words of the judgment of the Court regarding the duration of the term of appeal does not affect the length of time within which the attack of appeal may be exercised.

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