Can I appeal against the ruling?
Every final judgment has the authority of res judicata as soon as it is delivered. As such, it is deemed to represent the truth as long as it is not quashed by the exercise of a legal remedy provided by law. The judge normally rules on the criminal and civil actions in the same judgment.
Because of the right to a fair trial, this authority of res judicata applies only to those who were parties to the criminal trial and to the elements of the decision on which those parties were able to state their case. As a victim, you can only appeal if you were a party to the proceedings, having joined them as a civil party.
In this capacity, it is possible for you to appeal, but only in respect of your civil interests and if you have an interest in acting, i.e. if the court refused your claim for compensation or if you consider that the amount awarded is insufficient.
Thus, you cannot appeal because you do not agree with the sentence imposed or because the court acquitted the defendant. Only the State Prosecutor may bring an appeal concerning the criminal aspect of the proceedings.
Consult your lawyer to determine whether it is wise to lodge an appeal. If your lawyers answers in the affirmative, the appeal must be lodged within 40 days at the Registry of the court that delivered the judgment.
What are my rights after sentencing?
After the judgment has been delivered, you may receive a copy it.
It is also possible for you to lodge an appeal, but only if you were a party to the proceedings, having joined as a civil party and only in respect of your civil interests (see point 1).
If a release on parole is planned, you can inform the Public Prosecutor General, who is in charge of the execution of the sentence that you object..
You may continue to be represented by a lawyer.
Am I entitled to support or protection after the trial? For how long?
As a civil party, you have the right to legal aid for any question relating to the carrying out of the judgment.
As a victim of an intentional offence resulting in bodily injury, you can, under certain conditions, apply to the Ministry of Justice for compensation payable by the State, when you cannot be compensated by the perpetrator of the offence.
The police and the justice system have an obligation to offer you protection as the victim. Any decision regarding the conditional release of a convicted person on parole may be subject to specific terms and conditions, which relate in particular to the protection of society and of the victim.
What information will I be given if the offender is convicted?
On request, you have the right to obtain information on any final judgment in the prosecution.
As to the sentence imposed on the offender, please be aware that the sentencing decision must mention the provisions of the law which are applied, without reproducing the terms, the facts constituting the offence of which the accused is charged or the sentence or sentences imposed (Article 195 of the Code of Criminal Procedure). For any other question relating to the carrying out of the sentences, you may contact the Sentence Enforcement Service of the Public Prosecutor General's Office.
In Luxembourg, a person convicted in final proceedings will be either in Schrassig Prison or Givenich Prison.
Will I be told if the offender is released (including early or conditional release) or escapes from prison?
On the basis of Article 4(1) of the Code of Criminal Procedure, you can, upon specific application to the Public Prosecutor General's Office, be informed of the release or escape of an offender if there is a danger or identified risk of harm to you, unless this notification involves a risk of identity of harm to the offender.
Will I be involved in release or parole decisions? For example, can I make a statement or lodge an appeal?
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Last update: 24/01/2019