Ordinary remedies
Ordinary remedies
Ordinary legal remedies are essential instruments for defense against the decisions of criminal proceedings authorities. They are used to challenge non-final decisions, e.g. the sentence of a first instance court.
Ordinary remedies can be reasoned on a relatively wide range of grounds: beginning with a lack of evidence due to an incorrect legal assessment of the case, all the way up to various procedural defects which may have caused a violation of the defendant's rights.
The Code of Criminal Procedure provides for three ordinary remedies: appeal, complaint, and dissent. Each of these is designed for a different situation and has its own features which must be observed for its successful application, both in terms of the due times for submission, and of the grounds by which the remedy can be reasoned.
Compared to the extraordinary remedies, ordinary remedis have a relatively higher chance of success and can be used effectively to achieve a desirable outcome in the criminal proceedings if the relevant arguments are available.