**Common Mistakes and Strategic Recommendations**
Investigation → Trial Court → Appeal (Regional Court of Appeal) → Cassation (Court of Cassation) → Individual Application to the Constitutional Court → Application to the ECtHR → Extraordinary Legal Remedies
This page brings together the modules covered in the previous sections into a single procedural roadmap. For each stage, it outlines the purpose, the fundamental rights involved, the key procedural time limits, the available applications and remedies, as well as a practical checklist and common mistakes with strategic recommendations.
1) Investigation (Arrest – Detention – Police Interview – Search and Seizure – Digital Evidence – Interception of Communications)
1) Investigation (Arrest – Detention – Police Interview – Search and Seizure – Digital Evidence – Interception of Communications)
Purpose: To collect evidence and, where there is sufficient suspicion, to prepare an indictment.
Fundamental Rights
The right to remain silent, the privilege against self-incrimination, the right to legal assistance, and the right to have a relative notified. Individuals must be informed of their rights before questioning. (Articles 95, 147, 149–150 of the Code of Criminal Procedure (CCP)).
Access to the investigation file is the general rule. Restrictions may be imposed only by a judicial order in cases involving catalogue offences. (Article 153 CCP).
Physical Search and Seizure
Homes and workplaces: As a general rule, a judicial warrant is required. In urgent cases, a written order from the public prosecutor is sufficient; if the prosecutor cannot be reached, a written order from the senior law enforcement officer may be issued in exceptional circumstances.
A seizure must be submitted for judicial approval within 24 hours. If the judge fails to decide within 48 hours, the seizure automatically ceases to have effect. (Articles 116–119 and 127(3) CCP).
Digital Evidence (Search, Imaging and Seizure of Computer Data)
Article 134 of the CCP applies.
The recognised best practice is to create a forensic image, generate a hash value, and preserve data integrity. The entire process should be documented in an official record to ensure traceability and evidential reliability.
Interception of Communications
Article 135 of the CCP requires:
a judicial warrant;
strong suspicion of a criminal offence;
the impossibility of obtaining the evidence by other means; and
that the offence falls within the statutory catalogue of offences.
Failure to satisfy these requirements may result in the exclusion of the evidence.
Key Time Limits
Police detention: Up to 24 hours, plus a maximum of 12 hours for transportation.
For offences committed collectively, detention may be extended by the public prosecutor, up to a maximum of 4 days.
The suspect must be brought before a judge within 48 hours (or within 4 days for collective offences).
Objections are generally subject to the two-week procedural time limit under Article 268 of the CCP.
Checklist – Investigation Stage
- Notification of rights, confidential consultation with a lawyer, medical report
- Searches must, as a rule, be carried out pursuant to a **judicial warrant**. In urgent cases, they may be conducted on the basis of a **written order issued by the public prosecutor** or, exceptionally, by a **senior law enforcement officer**. If the public prosecutor is unavailable, **at least two independent witnesses** must be present during the search, and their signatures must be included in the official record.
- Approval of Seizure Within 24/48 Hours
- For digital evidence: A forensic image, hash value and audit trail should be created and documented; data integrity must be safeguarded through an official record.
- For interception of communications: The catalogue offence, legal grounds and duration must be expressly specified.
- Access to the case file / restriction orders and proportionality review
- Rather than treating a restriction order as a blanket confidentiality measure, request that it be narrowly tailored with respect to its scope, duration and reasoning under Article 153 of the Code of Criminal Procedure. Where a forensic image and hash value have not been created for digital evidence, seek its exclusion under Article 206 of the Code of Criminal Procedure and Article 38(6) of the Constitution.
2) Trial Court Proceedings (Criminal Court of First Instance / Assize Court)
Purpose: Examination of the evidence during the hearing and delivery of judgment (Articles 217 and 223 of the Code of Criminal Procedure).
Main Principles
Evidence must be examined in the presence of the parties, and the court evaluates the evidence freely (Article 217 CCP). Before judgment is delivered, the accused must always be given the last word (Article 216(3) CCP). The types of judgments are set out in Article 223 CCP.
Detention / Judicial Control
Detention requires strong suspicion, a risk of absconding or tampering with evidence, and compliance with the principle of proportionality. If judicial control measures are considered sufficient, detention should not be imposed. Detention must be reviewed ex officio every 30 days. The maximum duration of judicial control measures is regulated by Article 110/A CCP.
Checklist – Trial Court Proceedings
- Evidence presentation strategy (witnesses, experts, on-site inspection)
- Review of the lawfulness of digital and communications evidence
- Right to the last word and verification of the hearing record
- Whether the judgment properly evaluates the evidence and identifies the evidence that was rejected or excluded (Article 230 CCP)
3) Appeal (Regional Court of Appeal)
Purpose: Second-instance review of both facts and law; an oral hearing may be held where necessary.
Time Limit – Commencement – Filing
Time limit: Two weeks from service of the reasoned judgment.
The appeal is lodged with the court that delivered the judgment (Article 273 CCP).
Checklist – Appeal Petition
- Procedural issues (exclusion of evidence / Article 206 CCP; restriction orders; right of defence)
- Merits (insufficiency of evidence; benefit of the doubt must be given to the accused)
- Whether to request an oral hearing (witnesses / experts)
Note: The objection mechanism of the Chief Public Prosecutor of the Regional Court of Appeal under Article 308/A CCP may, where appropriate, be invoked as an extraordinary remedy.
4) Appeal on Points of Law (Court of Cassation)
Purpose: Review of legal issues and the correct application of the law.
Time Limits – Responses
Time limit for appeal on points of law: Two weeks from service of the judgment; the appeal is filed with the court that delivered the judgment (Article 291 CCP).
Response to the appeal: Two weeks (Article 297 CCP).
An objection against a decision declaring the appeal inadmissible may be lodged within two weeks (Article 296 CCP).
Checklist – Appeal on Points of Law
- Errors in the application of the law (legal classification, characterisation of the offence, insufficient reasoning)
- Use of unlawful or derivative evidence
- Procedural violations affecting the judgment (last word, adversarial proceedings, etc.)
5) Individual Application to the Constitutional Court
Purpose: Alleged violations of constitutional rights (such as the right to a fair trial, property rights, or the right to liberty and security).
Time Limit – Commencement
30 days from the date on which domestic remedies are exhausted or, where no remedy exists, from the date on which the alleged violation became known.
Be aware that, in some cases, becoming aware of the decision before formal notification may also trigger the time limit.
Checklist – Constitutional Court
- Identification of the violated right and a clear causal link
- Relevant decisions (Regional Court of Appeal / Court of Cassation) and compliance with the applicable time limits
- A separate section explaining irreparable harm and the need for interim measures, where applicable
6) Application to the ECtHR
Purpose: Alleged violations of the European Convention on Human Rights and its Protocols.
Time Limit – Commencement
Four months from the date of the final domestic decision (following the entry into force of Protocol No. 15 on 1 February 2022).
The application form, supporting documents and the postal date stamp are all critical.
Checklist – ECtHR
- Identification of the relevant Convention Articles (e.g. Articles 5, 6, Article 1 of Protocol No. 1)
- Explanation of exhaustion of domestic remedies and compliance with the time limit
- A concise presentation of the facts, the alleged violation, the damage suffered and the requested just satisfaction, while addressing the admissibility criteria
7) Extraordinary Legal Remedies
Reopening of Proceedings (Article 311 CCP): Where the ECtHR has found a violation, an application may be lodged within one year from the date on which the ECtHR judgment becomes final (only where the ground operates in favour of the convicted person).
Appeal in the Interest of Law (Articles 309–310 CCP): Available against decisions that became final without appellate review. The procedure is initiated through the Ministry of Justice, followed by the Chief Public Prosecutor of the Court of Cassation. Individuals cannot initiate this remedy directly.
Objection by the Chief Public Prosecutor of the Court of Cassation (Article 308 CCP) and Objection by the Chief Public Prosecutor of the Regional Court of Appeal (Article 308/A CCP): Extraordinary review mechanisms.
In Summary
The life cycle of criminal proceedings begins with the investigation, during which evidence is collected and, where sufficient suspicion exists, an indictment is issued. At first instance, evidence is examined in open court and judgment is delivered. This is followed by an appeal before the Regional Court of Appeal, which reviews both facts and law, and an appeal on points of law before the Court of Cassation, which reviews only legal issues. Once the judgment becomes final, an individual application may be lodged with the Constitutional Court and, where appropriate, an application may then be submitted to the European Court of Human Rights. Extraordinary legal remedies are available only at the final stage and under limited conditions.
During the investigation, the right to remain silent, the right to legal assistance, the general rule of access to the case file, the requirement of prior judicial authorisation for searches and seizures, the preservation of digital evidence through forensic imaging and hash verification, and the strict conditions governing the interception of communications—including a judicial warrant, a catalogue offence and the impossibility of obtaining the evidence by other means—are of fundamental importance. Particular attention should also be paid to detention time limits, judicial approval of seizures within the 24/48-hour period, and proportionality review of restrictions on access to the case file.
At trial, key safeguards include the examination of evidence in accordance with Article 217 CCP, the accused’s right to the last word, the requirements of strong suspicion, risk of absconding or evidence tampering, and proportionality for detention, as well as the principle that judicial control measures should be preferred where sufficient.
For both appeal and cassation proceedings, the two-week time limit begins upon service of the reasoned judgment. Particular emphasis should be placed on unlawful or derivative evidence and procedural violations capable of affecting the outcome of the proceedings.
Applications to the Constitutional Court must be lodged within 30 days after domestic remedies have been exhausted, while applications to the ECtHR must be submitted within four months of the final domestic decision. In both instances, the alleged human rights violation, the causal link, the exhaustion of remedies and compliance with the applicable time limits must be clearly demonstrated.
After the judgment has become final, only limited extraordinary remedies remain available, including reopening of proceedings following an ECtHR judgment, an appeal in the interest of law, and objections by the Chief Public Prosecutor.
