You have the right to appeal against a judgment within 40 days from the date of the judgment by means of a declaration to the court. This appeal may be confined to an appeal against the amount of the sentence or against the civil claim.
The State Public Prosecutor at the court where the appeal is to be heard is informed within 24 hours of the appeal. A date will be set for hearing the appeal and will be notified to you.
It will take several months for the appeal to be heard.
You have the right to submit new evidence as part of the appeal. The rules of evidence apply. The court accepts all the legal evidence which is presented. It will not accept, however, procedural evidence such as the nullity of a document which should have been raised during the initial hearing.
The judges re-examine the facts, but in principle witnesses are not heard again unless the court deems this to be necessary. Similarly, it may hear new witnesses if required.
Generally speaking, the appeal court cannot increase the sentence given in the lower court if it was only the defendant who has contested the ruling. In this case, the court may only maintain or reduce the defendant’s sentence. An increase in the sentence is only possible where the State Public Prosecutor has also appealed against the judgment, which is generally the case if the accused appeals against the criminal part of the ruling.
You have the right to make a further appeal ("cassation"). The Court of Cassation confines itself to verifying the law but no longer concerns itself with the facts.
You are only entitled to compensation in the event of wrongful imprisonment. This right is open to any person who has been remanded in custody for more than three days on condition that the custody or the continuation thereof is not your own fault.
If your appeal is accepted and results in your being acquitted, the ruling against you will not be entered on your criminal record.
A review may still be requested by any person recognised as the perpetrator of a crime or offence by a final decision in the following circumstances:
The Supreme Court of Justice, acting as Court of Cassation, will rule on the review applications.
A conviction becomes final when all available appeals have been exhausted, including when the periods for bringing an appeal or further appeal have expired.
You may be deported after the trial as a national of another Member State in the event of current serious disturbances affecting the maintenance of law and order. A national of a third country may ask to be released half way through his prison sentence if he gives a written undertaking never to return to the country.
You may appeal to the Administrative Court against the Ministry of Immigration’s decision to deport you.
The information about your conviction will be entered on your criminal record, the file in which convictions by the Luxembourg criminal courts are recorded.
The criminal record is kept at the General Prosecutor's Office under the authority of the State Public Prosecutor in the form of a computerised database. You are shown in the database under your surname and first name, the surname and first name of your father and mother and, where applicable, your spouse, with your date and place of birth, place of residence and profession, or by means of an identification number.
Convictions handed down by a Luxembourg court are deleted from the criminal record once you are deemed to have earned legal or judicial rehabilitation.
Keeping information on the criminal record is obligatory and may be done without your consent.
You have the right to object to entries on the criminal record; you have the right to appeal to the Judges’ Council Chamber at the district court.
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