Extraordinary remedies

Extraordinary appeal

An extraordinary appeal is the most frequently filed extraordinary remedy, it can be used to challenge a final decision of a court if the law allows it. Typically, it is the decision of the Court of Appeal to dismiss the defendant's appeal against the conviction of the court of first instance.

The grounds of appeal are relatively limited compared to the appeal itself. In particular, the appeal may allege procedural or formal defects.

Where defects in the findings of fact are alleged, it may be argued that the relevant findings, which are necessary to prove the elements of the offence, are manifestly contradicted by the content of the evidence presented in court or are based on evidence which is not procedurally applicable.

The appeal may be brought on the ground that the contested decision is based on an incorrect legal assessment of the act or on another incorrect substantive-law assessment.

The extraordinary appeal must be lodged with the court which decided the case at first instance within two months of service of the decision against which the appeal is directed. The Supreme Court shall decide on the extraordinary appeal.