He can submit an appeal based on legal points and facts.
Questions:
Can he submit new facts or just dispute the validity of those already considered?
Can the McCanns only respond to the points raised in the appeal? Or can they raise new elements if they have any?
The following may clarify questions relating to time limits for appeal, and the process:
The general rule is that the appealing party has 30 days to appeal to the higher court in the event that the appeal is to the court of second instance (Cf. Article 638 of the CPC). If the appeal includes the impeachment of the proven facts through a review of the recorded witnesses or party statements, then the appealing party has 40 days to appeal.
However, in some specific cases (e.g. freezing orders) the appealing party has only 15 days to appeal.
The defendant in the appeal always has the same term to present an answer.
The first instance court will then decide whether the appeal should be accepted. If it is accepted, the case is sent to the higher court.
On the basis of historic evidence, it is estimated that the second instance courts take on average between six months and one year to decide an appeal, and that the Supreme Court will take on average three to six months to issue a final decision
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This means that there is a right to appeal, within a set timescale.
The defendant in the appeal has a similar limited time to respond.
The first instance court will then decide on whether the appeal has merit and if it decides it has, the case is sent to the second instance court. So although there is a right to appeal, that does not guarantee that the appeal will be heard in a higher court.
