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Part Three The Specific Rights of the Defence, Ch.14 The Right to Appeal

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 June 2024

Subject(s):
Right to fair trial — Habeas corpus — Presumption of innocence

The scope of the guarantee with respect to the right to appeal as part of criminal proceedings differs in the texts of the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on Human Rights (ACHR). The ACHR is very brief, the ICCPR is barely more precise, while the ECHR specifies the need for legal regulations and sets out three exceptions. Yet, the practical consequences of the difference has not left any traces in the case-law. This chapter discusses the origins and purpose of the right to appeal, the prerequisites for the right to appeal, use of the term ‘criminal offence’ in the right to appeal, the notion of conviction in the right to appeal, conviction by a tribunal, review of the right to appeal, the discretion left to the contracting states, and conviction on appeal after acquittal.

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