Defendants (criminal proceedings)

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A. Do I have the right to appeal the court’s decision?

A person found guilty by the Assize Court or the District Court and sentenced to any period of imprisonment or to pay a financial penalty may appeal to the Supreme Court against the conviction or the sentence.

B. What other recourse options do I have?

No right to bring an action against the court decision is provided for.

C. What are the consequences if I am sentenced?

i. Criminal record

The penalty imposed by the court shall be recorded by the police in the file Prior Convictions Archive. The remission of sentences shall be carried out in accordance with the provisions of the Remission to Convicts Act (Act 70/1981). No remission is provided for with regard to life sentences or imprisonment of more than 2 years.

ii. Execution of sentence, transfer of prisoners, probation and alternative sanctions

A prison sentence shall be served from the day when the relevant decision is delivered; however, and unless the court orders otherwise, it may be reduced by the time during which the person was detained prior to trial pursuant to the provisions of this Act.

The court shall order that the execution of the sentence of imprisonment not exceeding three years be suspended, provided that this is justified by the circumstances of the case in their entirety and the personal circumstances of the accused.

The court issuing an order suspending the execution of the prison sentence may issue a probation order placing the convicted person under the supervision of a supervising officer (guardian) for a period not exceeding the period of implementation of the order (3 years).

Last update: 02/03/2022

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