What is the appeal mechanism in criminal proceedings

Criminal proceedings in Romania are structured in several stages, each with a clearly defined role in ensuring the proper administration of justice. One of the most important stages is apelul; an ordinary remedy by which parties dissatisfied with the judgment handed down at first instance may request that the case be retried by a higher court.

For most people, an appeal is seen as a “second chance” in criminal proceedings, an opportunity to correct any errors or omissions that occurred in the trial on the merits. Nevertheless, the mechanism of appeal is strictly governed by the Codul de procedură penală (Code of Criminal Procedure) and is subject to clear rules on how it is exercised, the applicable time limits and its effects.

At Buju, Stanciu & Associates; our team of lawyers specialising in criminal law has successfully represented numerous clients before the courts of appeal, handling complex matters ranging from economic and financial offences to corruption and violence cases. The experience we have built up allows us to explain in accessible terms what an appeal involves and what role it plays in criminal proceedings.

1. What is an appeal in criminal proceedings?

An appeal is an ordinary remedy with devolutive effect, meaning that the court of appeal reconsiders the case in its entirety, both on the facts and on the law. In practical terms, the case is heard afresh, the evidence taken at first instance may be re-examined, and new evidence may be added if the court considers it necessary.

The purpose of an appeal is to give the parties the right to a further review of the judgment, in order to ensure that it is lawful and well founded.

2. Who may lodge an appeal?

The law expressly sets out the categories of persons entitled to lodge an appeal:

The defendant; if dissatisfied with the solution handed down.
The prosecutor's office; in the interest of the law, but also against or in favour of the defendant.
The civil party; as regards the civil aspect of the case.
The party bearing civil liability; where the judgment affects its interests.

This breadth ensures that the proceedings remain balanced, since not only the defendant but also the other parties may request a review of the first-instance decision.

3. Time limits and appeal procedure

An essential element of the appeal mechanism is compliance with the statutory time limits.

The general time limit for appeal is 10 days from service of the judgment.
An appeal is lodged in writing or orally, and is recorded in a report drawn up before the court that handed down the judgment.
The file is then forwarded to the court of appeal, which sets the hearing date.

Compliance with the time limit is crucial: an appeal lodged out of time is dismissed as inadmissible. For this reason, the assistance of a lawyer is indispensable in order to avoid losing this procedural right.

4. The effects of an appeal

An appeal has two main effects:

Devolutive effect - the case is reconsidered as a whole. The court of appeal is not confined to reviewing lawfulness; it may also re-examine the facts and the evidence.
Suspensive effect - enforcement of the contested judgment is suspended until the appeal is determined.

These effects ensure that no one is finally convicted without the benefit of a second review of the case file.

5. How appeal proceedings are conducted

Appeal proceedings broadly follow the rules applicable to the trial at first instance, with certain particularities:

The court re-examines the evidence already taken.
The court may admit new evidence; where it is relevant to the case.
The parties are entitled to make applications, raise objections and put forward defences.
The defendant may be questioned again, and witnesses or experts may be re-examined.

Finally, the court hands down a new judgment, which may:

uphold the first-instance solution,
vary it (for example, by reclassifying the offence, or reducing or increasing the sentence),
set aside the judgment and order the case to be retried.

6. Limits on retrial in appeal proceedings

Although the court of appeal reconsiders the case file in its entirety, certain limits apply:

The defendant's position cannot be made worse where he alone has lodged the appeal (the principle of non reformatio in pejus).
The court is not required to take all the evidence sought, but only such evidence as it considers useful.

Accordingly, although an appeal offers a fresh chance, its success depends on the legal strategy adopted and on how the lawyer frames the defence.

7. The importance of a lawyer in appeal proceedings

Criminal proceedings at the appeal stage call for a well-prepared defence, based on careful analysis of the first-instance judgment and on identifying any errors it may contain.

The lawyer's role is essential:

correctly drafting the grounds of appeal,
making applications for additional evidence,
arguing the case before the court,
protection of the client's procedural rights.

At Buju, Stanciu & Asociatii, we have encountered numerous situations in which an appeal radically changed the course of a case. From cases in which sentences were significantly reduced, to cases in which clients were acquitted, our experience in criminal law confirms the importance of a professional defence at this stage.

8. Practical examples from our experience

In a case concerning economic offences, the first-instance judgment imposed a custodial sentence to be served. On appeal, our team secured the conversion of that sentence into a suspended one, on the strength of arguments relating to the defendant's personal circumstances and clean record.
In another case, involving corruption charges, the court of appeal found that certain evidence had been unlawfully obtained and declared it null, which led to the client's acquittal.

Such outcomes confirm that an appeal is not a mere formality, but a genuine stage of retrial, in which the lawyer's expertise makes all the difference.

9. What happens after the appeal?

The judgment delivered on appeal is definitiva, save where the law provides for extraordinary means of challenge (recurs in casatie (appeal on points of law), revizuire (revision), contestatie in anulare (application for annulment)).

This means that, in most cases, the appeal is the last opportunity to change the outcome.

Conclusion

The mechanism of appeal in criminal proceedings is a guarantee of a fair trial and a safeguard for the fundamental rights of those involved. By allowing the case to be retried by a higher court, it ensures that any errors are corrected and that the soundness of the judgment is verified.

For anyone involved in criminal proceedings, the appeal may well be the decisive moment. For this reason, choosing a lawyer with experience in criminal law is crucial.

At Buju, Stanciu & Asociatii, we combine professionalism, practical experience and legal strategy to give our clients the best possible prospects before the courts of appeal. The results achieved over the years confirm that a well-prepared defence is the key to success at this fundamental stage of criminal proceedings.