Right to Appeal and Deadline for Appeal
Article 381
(1) An appeal against the first instance judgment may be filed within 15 days from the date when the copy of the decision was delivered.
(2) An appeal filed in due time by an authorized person shall stay the execution of the judgment.
6) Decisions of a Second Instance Court on the Appeal
Article 403
(1) A second instance court may, at the session of the Panel or upon the hearing:
1) dismiss an appeal as belated or inadmissible;
2) reject an appeal as unfounded and confirm the first instance decision;
3) vacate the first instance decision and remand the case to the first instance court for retrial;
4) modify the first instance decision.
(2) The second instance court shall decide a single decision on all the appeals that have been filed against the same decision.
Dismissal of a Belated Appeal
Article 404
A ruling shall be rendered to reject the appeal for being late if it is found that it was filed after the lawful date.
Dismissal of an Inadmissible Appeal
Article 405
A ruling shall be rendered to reject the appeal as inadmissible if it is found that the appeal was filed by a person not authorized to file an appeal or a person who waived the right to appeal, or if it is found that the appeal was abandoned or if after the abandonment the appeal was filed again or the appeal is not allowed under the law.
Rejection of an Appeal
Article 406
When it establishes that the grounds for an appeal and that the violations of law referred to in Article 398, paragraph 1 of the present Code do not exist, the second instance court shall by a decision reject the appeal as unfounded and confirm the first instance decision.
Admissibility of the Appeal against a Ruling
Article 414
(1) Parties and persons whose rights have been violated may file an appeal against a ruling of the investigating judge and against other rulings of the first instance court, unless the appeal is explicitly declared to be inadmissible by this Code.
(2) Unless otherwise prescribed by this Code, rulings rendered by the Panel prior to and in the course of the investigation are not subject to an appellate review.
(3) The investigating judge shall decide on appeals against the rulings of the State Prosecutor, if otherwise not provided by this Code.
(4) Rulings rendered for the purpose of preparing the main hearing and the decision may be contested solely in an appeal against the decision.
(5) Rulings rendered by the Supreme Court are not subject to an appellate review.
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.