The Power of a Criminal Defence Attorney in Criminal Appeals

Step 1: Review the Judgment and Grounds for Appeal

Criminal appeals in Pakistan can be filed based on several grounds. So before filing an appeal, it’s essential to carefully review the judgment passed by the trial court. Consider the following points which may include:

1. Legal Errors: If there was a misinterpretation or misapplication of the law during the trial.
2. Procedural Errors: If there was a violation of procedural rules or rights during the criminal proceedings.
3. New Evidence: If new evidence has emerged that could significantly affect the outcome of the case.
4. Insufficient Evidence: If the evidence presented in the original trial was insufficient to prove guilt beyond a reasonable doubt.
5. Bias or Prejudices: If the trial was influenced by bias, prejudices, or unfair practices.
6. Sentencing Errors: If the sentence handed down was disproportionately severe or unjust under the circumstances of the case.

Consult with your lawyer to determine the best legal grounds for the appeal based on the specifics of your case.

Step 2: Determine the Correct Court for Filing the Appeal

The court where you should file your appeal depends on the nature of your case:

• High Court: In most criminal cases, appeals are filed with the relevant High Court of the province where the trial took place.
• Supreme Court: If your case involves a serious matter or requires further review after a High Court decision, you may need to file an appeal with the Supreme Court of Pakistan.

Your lawyer can help you determine the appropriate court based on the circumstances of your case.

Step 3: File the Appeal Within the Legal Timeframe:

In Pakistan, criminal appeals must generally be filed within 30 days from the date of the trial court’s judgment. However, this timeframe may vary depending on the specific circumstances of your case. If you miss this deadline, you may request an extension, but you’ll need to demonstrate a valid reason for the delay.

Step 4: Prepare the Appeal Petition

The next step involves drafting a formal appeal petition, which is a written document that outlines the legal grounds for challenging the conviction or sentence. This petition should include:

• Facts of the case: A brief summary of the trial proceedings and the conviction.
• The legal grounds: A clear explanation of the errors made in the trial, such as misinterpretation of the law or improper handling of evidence.
• Supporting documents: Any new evidence, trial records, or case transcripts that support your appeal.

This petition must be signed and filed by your legal representative with the appropriate court.

Step 5: Pay the Required Court Fees

When filing a criminal appeal in Pakistan, you will need to pay the applicable court fees, which can vary based on the case and the court where the appeal is being filed. Your criminal defense attorney will guide you in determining the correct fee structure and ensure the payment is made on time.

Step 6: Court Review and Admission of Appeal

Once the appeal petition is filed, the higher court will conduct a preliminary review. This review determines whether the appeal has merit and whether it should be formally admitted for further proceedings. If the court admits the appeal, it will proceed to the next stage.

Step 7: Hearing of the Appeal

In most cases, the court will schedule a hearing where both parties your legal team and the prosecution present their arguments. During the hearing:

• Your lawyer will argue why the conviction should be overturned or the sentence reduced.
• The prosecution will present their counterarguments to uphold the conviction.

The appellate court may also request additional evidence or documentation during this stage.

Step 8: Appellate Court Decision

After considering all the arguments, evidence, and legal points raised during the hearing, the appellate court will issue a judgment. The possible outcomes of the appeal may include:

• Upholding the Conviction: If the court finds no merit in the appeal, the original conviction stands.
• Overturning the Conviction: If the court finds errors in the trial process, the conviction may be overturned.
• Reducing the Sentence: If the court believes the punishment was too severe, it may reduce the sentence.
• Ordering a New Trial: In some cases, the appellate court may order a retrial or remand the case back to the trial court for further proceedings.

Step 9: Further Appeals (if applicable)

If the outcome of the appeal is unsatisfactory, you may be able to file further appeals, typically to the Supreme Court of Pakistan. This is generally reserved for cases involving significant legal issues or matters of public importance.

Step 10: Execution of the Court’s Decision

Once the appellate court has made its final decision, the ruling will be enforced. If the conviction is overturned, any wrongful imprisonment may be rectified, and if the sentence is reduced, the individual may serve a lesser sentence.