التكييف الفقهي لأسباب إطالة مدد الطعن وبدء سريانها : دراسة مقارنة

Abstract

The appeal is a legal means allowing the sentenced person to demand a review of his sentence for the purpose of obtaining a new judgment in his favor, whether to amend his sentence or to cancel it in whole or in part The study aimed at investigating the concept of appeal times, presenting the method of how to count these periods, in addition to know the juristic adaptation for the appealing time, the rsecher will follows the descriptive analytical method. The study comes up with many results, such as: appealing as general is the normal way in ruling the fist degree court before another grade, mostly the appeal will be before a judge. The Sudanese legislative stipulated in case one and two special and general conditions but in case of the third and fourth one, thus the supereme court could not achieve this goal otherwise to companion the general condition in the third and fourth case. The study recommends the followings: issuane of appeal before the supereme court conditioned of providing reasons. Sudanes legislative should study the case of sentencing in the case that not included within the arbitration agreement or out of agreement limits , also appeals during claiming should be treated during the claim and it can not teminted the dispute