英国的刑事上诉制度研究

英国对刑事案件基本上实行两级上诉制度 :对于刑事法院的一审裁判可以依次向上诉法院和上议院上诉 ;对治安法院的裁判 ,可以分别向刑事法院或者高等法院以及上议院上诉 ,但是 ,二者的程序规则不完全相同。2 0世纪 70年代以来 ,英国上诉制度逐渐向大陆法系靠拢 ,最近英国政府再次提议进一步扩大控诉方的上诉权 ,英国上诉制度可能将发生重大变化。

Criminal Appeals in England and Wales

There are two-tie appeals in criminal cases in England and Wales. While appeals from the Crown Court are heard by the Court of Appeal and appeals from the Court of Appeal are heard by the House of Lords, appeals from the Magistrates' Court go to the Crown Court or High Court respectively, and further to the House of Lords. Different procedural rules are applies for these appeals. The English criminal appeal system has been coming closer to its Continental counterpart since the 1970's. The UK government has recently proposed to give the prosecution more rights to appeal which will lead to major changes to the criminal appeal system in the near future.