Leave for continued consideration

The consideration of an appeal against the decision of a district court requires leave for continued consideration.

However, the defendant in a criminal case does not need leave for continued consideration if he or she has been sentenced to a punishment that is more severe than imprisonment for eight months and the appeal concerns the offence for which he or she has been convicted or the sentence. When the severity of the punishment is assessed, a fine or other sanction under criminal law imposed in addition to imprisonment is not taken into consideration.

The prosecutor or the injured party does not need leave for continued consideration if the defendant in a criminal case has been sentenced to a punishment that is more severe than imprisonment for four months and the appeal concerns the offence for which the defendant has been convicted or the sentence.

Leave for continued consideration must be granted if

  • there is reason to doubt the correctness of the decision of the district court,
  • the correctness of the decision of the district court cannot be assessed without granting leave for continued consideration,
  • it is important with regard to the application of law in other similar cases to grant leave for continued consideration or
  • there is some other justified reason to grant leave.

If leave for continued consideration is not needed or leave is granted, the court of appeal continues the proceedings in the matter.

 
Published 4.3.2020