2°
The person civilly liable
3°
The party claiming damages regarding solely his/her/its civil claims and when the claim
for damages is higher than 100,000 francs
4°
The State Counsel;
5°
State departments, in cases where they initiated the criminal proceedings;
6°
The attorney general at the court of appeal.
ART 483: This right shall also accrue, for a period of two months as from the passing of the judgement,
to wronged parties who in their complaint letter sought damages for the prejudice suffered and who
were not regularly summoned before the misdemeanours court.
ART 484: The State Counsel shall have a period of fifteen days, as from the day his/her office received
the judgement, to appeal against judgements passed by a justice of the peace.
He/she shall file his/her declaration of appeal at the registry of his/her court, which immediately
forwards of a copy of the declaration to the registry of the court that handed down the judgement.
ART 485: The Attorney General shall enter his/her appeal within a period of two months as from th e
day the judgement is passed, either through a declaration at the court registry, a notice served to the
defendant or the person civilly liable, or at the hearing if the defendant appears in person.
ART 486: In case one of the parties appeals during the prescribed time limit, the other parties shall
have an additional period of five days to appeal.
During these periods and during the appeal hearing, the enforcement of the judgement shall be
suspended.
ART 487: The appeal shall be heard before the Court of Appeal.
ART 488: Notwithstanding the appeal, a defendant who is released or sentenced either to a suspended
sentence, or a fine, and, immediately after he/she has served his/her sentence, shall immediately be
freed after the judgement. The same shall apply to a defendant sentenced to a prison term.
ART 489: Appeals against preliminary or interlocutory rulings, regarding points of law or pleas, shall be
admitted, even against judgements passed on jurisdiction, after the judgement on the merits and
simultaneously with the appeal against the judgement.
The court registrar shall, in all instances in which the law states that the appeal will not be
admitted, prepare a memorandum on his/her refusal to register the statement of appeal.
The parties shall be entitled to petition the president of the court against the registrar's refusal
within 24 hours thereof. The registrar shall be obliged to admit the appeal if ordered to do so by the
court president.
In all cases, the parties who expresses the desire to appeal against a judgement within the
legal time limits shall conserve the right to re-appeal against the decision on the merits.
ART.490: The petition containing the means of appeal may be filed within fifteen days after the filing of
the statement of appeal at the misdemeanours court, which passed the sentence; it will be signed by
the appellant, a lawyer or any other party with a special proxy.
In the latter case, the proxy shall be attached to the petition. This petition may also be directly
handed over to the registrar of the court of appeal.
71
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