Re ASIIMWE
The Court held that barring a second appeal solely because the appellant lost for the same reasons in previous courts does not violate due process, as the right to a first appeal is guaranteed and further limitations are legitimate. However, barring a second appeal for those who pleaded guilty, while allowing it for those who pleaded not guilty, constitutes unequal treatment and violates the principle of equality before the law and due process. Thus, the relevant parts of paragraph 2 of article 46 and paragraph 3 of article 52 of Law no 30/2018 are unconstitutional to the extent they bar a se…
Source excerpt
- Right to appeal
- Due process
- Equality before the law
- Second appeal
- Criminal justice