PhD Student, Department of Criminal Law and Criminology, Karaj Branch, Islamic Azad University, Karaj, Iran. (Corresponding Author)
Abstract
In the contemporary legal system, one of the topics discussed in the field of criminal procedure, at the national and international levels, is the study of the effects of appeal in the trial process. This research was conducted with the aim of analyzing these effects in the criminal process. The legislator, considering the necessity of absentee proceedings in some cases and at the same time, preserving the rights of the defendant in absentia, has considered the right of appeal as a solution to summarize these two benefits. In fact, the verdict issued after appeal is considered as a verdict in person, because the verdict in absentia specifies the rights and obligations of the defendant and the defendant, and the principle is based on in-person proceedings. The absentee trial is considered an exception that the legislator has established. And the verdict that is issued after it is always in person, because the absentee verdict specifies in terms of the rights and obligations of the convicted and the convicted person that the principle is based on the presence of the trial, and the absentee trial is an exception that the legislator has established. Accordingly, the appeal request is subject to the physical presence of the convicted person in absentia, so the verdict that is issued after the appeal is effective only against the appeal and the recalled person. And like the suspension and stay of the issued verdict, it does not entail the loss of the right to appeal, exemption
Sabzevari,A. (2024). A Study on the Effects and Results of Appeal in the Criminal Procedure Process at the National and International Levels. International Criminal Law, 2(1), 33-44.
MLA
Sabzevari,A. . "A Study on the Effects and Results of Appeal in the Criminal Procedure Process at the National and International Levels", International Criminal Law, 2, 1, 2024, 33-44.
HARVARD
Sabzevari A. (2024). 'A Study on the Effects and Results of Appeal in the Criminal Procedure Process at the National and International Levels', International Criminal Law, 2(1), pp. 33-44.
CHICAGO
A. Sabzevari, "A Study on the Effects and Results of Appeal in the Criminal Procedure Process at the National and International Levels," International Criminal Law, 2 1 (2024): 33-44,
VANCOUVER
Sabzevari A. A Study on the Effects and Results of Appeal in the Criminal Procedure Process at the National and International Levels. ICLJ, 2024; 2(1): 33-44.