Criminal Appeals: Deadlines, Grounds, and Legal Effects

Article 593: Five-Day Appeal Deadline and Grounds

Appeals must be filed within five (5) days against the following decisions:

1. Final Judgments: Final judgments of conviction or acquittal handed down by a single judge.
2. Final Decisions: Final decisions, or those having final force, given by a single judge in cases not covered in the previous chapter.
3. Grand Jury Decisions when:
   • a) Invalidity occurs after the indictment;
   • b) The ruling of the presiding judge is expressly contrary to law or the decision of the judges;
   • c) There is any error or injustice in the application of the penalty or security measure;
   • d) The judges' decision is manifestly contrary to the evidence in the file.

§ 1. Rectification by the Appellate Court

If the ruling of the presiding judge is expressly contrary to law or departs from the jurors' answers to the questions, the court ad quem (appellate court) shall make the proper rectification.

§ 2. Rectification of Penalty or Security Measure

On appeal based on item III, c, of this article, the court ad quem, if it upholds the appeal, shall rectify the application of the penalty or security measure.

§ 3. New Trial Mandated by Appellate Court

If the appeal is based on item III, d, of this article, and the court ad quem is convinced that the jury's decision is clearly contrary to the evidence in the file, it shall mandate a new trial for the defendant. However, a second appeal based on the same reason is not admissible.

§ 4. Exclusive Nature of Appeal

Where an appeal is appropriate, no recourse may be used in a strict sense, even if only part of the decision is sought.

Article 595: Appeal Desertion Upon Flight

If a convicted defendant flees after filing an appeal, the appeal shall be declared deserted (abandoned).

Article 596: Appeal of Acquittal and Immediate Freedom

An appeal against an acquittal shall not prevent the defendant's immediate freedom.

Sole Paragraph: Provisional Security Measures

The appeal does not suspend the implementation of security measures applied provisionally.

Article 597: Suspensive Effect of Conviction Appeal

An appeal of conviction generally has a suspensive effect, unless it falls under the exceptions provided by law, specifically:

• The provisions of Article 393 (Effects of Conviction);
• The provisional application of interdiction of rights and security measures (Articles 374 and 378);
• The case of conditional suspension of sentence.

Article 393: Effects of a Challenged Conviction

The effects of a challenged conviction are:

1. The defendant shall be arrested or kept in prison for non-bailable offenses (inafiançáveis), or until bail is paid for bailable offenses.
2. The defendant's name shall be entered into the official roster of the guilty.