Right of appeal in criminal matters (Article 2 of Additional Protocol No. 7 to the ECHR)

(1) Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law.

(2) This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal.

Article 2, paragraph 1 of Additional Protocol No. 7 to the ECHR guarantees the right to a legal remedy in criminal matters and thus, together with Article 6 to the ECHR, this Article operates as an additional procedural safeguard in criminal matters. Article 6 of the ECHR guarantees, inter alia, the right of access to a minimum of at least one instance that satisfies the requirement of an independent judicial body. However, there is no safeguarded right as to requesting the higher-ranking courts to review the decisions of the courts of first instance. On the other hand, Article 13 to the ECHR does not provide for a wide range of rights since the right to an effective legal remedy does not imply that there is a possibility for an injured party to initiate the procedure of review of the judgement before the court of appeals in order to establish whether the judgment is consistent with the standards of human rights and freedoms.²⁰⁶⁶

The right to appeal in criminal matters is not of an absolute nature. This right is subject to limitations such as those concerning the prescription of time- limits for filing an appeal which is important in order for the legal system to be functional. Accordingly, the reasonable time limits, in principle, do not violate Article 2, paragraph 1 of Additional Protocol No.7 to the ECHR.²⁰⁶⁷

The scope of protection provides that everyone shall have the right to ordinary remedies but not the right to extraordinary remedies.²⁰⁶⁸ Moreover, in paragraph 2 there are three exceptions prescribed. Namely, an appeal in criminal matters must be granted in regard to (a) offences of a minor character, as prescribed by law, or (b) in cases in which the person concerned was tried in the first instance by the highest tribunal or (c) was convicted following an appeal against acquittal. Accordingly, if an injured party is acquitted during the first instance proceedings but, based on the appeal of the State Prosecutor’s Office to the Supreme Court that person is convicted, he/she cannot refer again to the right of appeal on the basis of Article 2 of Additional Protocol No. 7 to the ECHR since it is about an exception according to paragraph 2 of this Article.²⁰⁶⁹