Continue to content

What does appealing means?

Do you disagree with your sentencing? Then you can appeal to the court. This is done via an appeal document. In that document, you then explain why you disagree with the sentence and indicate what you think would be a good punishment. What happens then depends on the situation in which you were sentenced:

  • If you appeared before the judge in person or were represented by a lawyer at the first judgment, or first instance, then you have been convicted in an adversarial manner. Here, in principle, you can always appeal. Then your trial will come before a higher court again.
  • If you did not attend the first judgment in person or were not represented by a lawyer, you have been convicted in absentia. You can then either lodge an opposition or appeal.
    • If you file an objection, the case will come back before the same judge who gave you your first sentence.
    • If you appeal, the case comes before the higher court.
    • If you do both, the form you chose first takes precedence.

Note that the time in which you can do so is often limited and depends on which offence you received the punishment for. You must also keep within that time limit, otherwise your appeal will be declared inadmissible and therefore not taken into account.