| 单词 | Criminal appeal |
| 释义 | 刑事上訴 An appeal to higher courts against the decisions of lower courts in criminal appeal may be against conviction and/or sentence. Grounds of appeal against conviction may include that the conviction is unsafe and unsatisfactory, the trial judge erred in law or there was a material irregularity in the course of the trial: Criminal Procedure Ordinance (Cap 221) s 83(1). An appeal against conviction requires leave from the Court of Appeal except for appeals on question of law alone, whereas an appeal against sentence lies only with the leave of the Court of Appeal: ss 82, 83I. Further appeal to the Court of Final Appeal is possible provided certification is granted by the Court of Appeal, where the Court of Appeal declines to grant such certification, leave has been granted by the Court of Final Appeal on such certification: Hong Kong Court of Final Appeal Ordinance (Cap 484) s 32. On hearing of an appeal, the court can uphold or quash a conviction or order a retrial. 向更高級法院上訴推翻較低級法院的定罪及/或判刑。上訴理由可以包括定罪並不穩妥或並不令人滿意、審案法官就法律問題出錯、審判有重大不當之處：《刑事訴訟程序條例》（第221章）第83(1)條。上訴推翻定罪須有上訴法庭的許可，例外是只因法律問題錯誤上訴。上訴推翻判刑須有上訴法庭的許可：第82條及83I條。得到上訴法庭給予證明可以再向終審法院上訴。如果上訴法庭拒絕給予證明，則終審法院可以給予證明：《香港終審法院條例》（第484章）第32條。法院審理上訴可維持原判、判上訴得直或發還重審。 |
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