MPs gave their final approval to proposed amendments to the CriminalProcedures Code yesterday, allowing defendants in felony cases to ask courts of appeal to rule on verdicts issued by criminal courts before being passed to the Court of Cassation for a final ruling, according to the local media reports (here and here).

The why: While verdicts in less serious crimes — think misdemeanors — are subject to a two-levellitigation during the appeals process, felonies — which are more severe — are not, as appeals go straight to the Court of Cassation without passing through an intermediary appeals court.

SOUND SMART: The Court of Cassation is one of three of the highest courts in the land. We have the Court of Cassation, which is the highest court in the land on both criminal and civil matters, the Supreme Administrative Court trumps all when it comes to matters of administrative law, and judgements of the Supreme Constitutional Court, which are binding on all other courts.

So what’s changed?

  • Rules regulating the establishment of appellate felony courts: The new provisionsoutline the rules regulating appellate felony courts, their sessions, locations, and the criteria used to select their judges.
  • Streamlined appeal procedures: New provisions regulate the procedures followedbefore the appellate felony courts. This entails notifying the defendants of the scheduled session for the appeal, the qualifications of the attorneys allowed to plead before the court along with their role and fees, penalties for any misconduct, and the procedures for presenting cases to the court. The provisions also outline the court's authorities when it comes to arresting, detaining, or releasing the defendants.

And the amendments have come just in time: The amendments implement a constitutional obligation to ensure that defendants have the material and human capabilities to appeal felonies before the Courts of Appeal within ten years of issuing the new constitution — which, conveniently, was issued ten years ago to the day today.

What’s next? The amendments will go into effect a day after being published in the official gazette.

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