This research examines the rigth of appeal in criminal proceedings. Essentially, it is argued that while the process, in the cognoscitivist conception of jurisdiction, aims at the correct application of law, the rigth to appeal also appears to be a epistemological rule that encourages exactly that. Secondly, it outlines the contents and regulatory requirements from the right of appeal and it includes a comparison with the legal aspects of the motion of vacate and its applicability, with the purpose of showing the regulatory and case law inconsistencies with its content.