Chapter 4 The Trial
.Article 46.
Appeal against the Decision
If one of the parties is not satisfied with the decision of the basic military court, and he appeals the decision, he can submit an appeal to the court issuing the order or the Military Court of Appeals.
Chapter 5 Appellate Procedures
Article 47.
Appeal Against the Decision of the Basic Military Court
(a) The person who has been sentenced can appeal the decision of the court by filing an appeal. The act of appeal shall be filed with the clerk of the court issuing the order or Military Court of Appeal within twenty-days. This time limitation starts from the last notification. (b) The prosecutor can, after the verdict is issued, appeal the decision of the Basic Military Court. The appeal must be in writing, and filed with clerk of the court issuing the decision or the Military Court of Appeals within ten days.
Chapter 5 Appellate Procedures
Article 48.
Stay of the Procedure and Appeal of the Decision in the Case of the Not Found Accused
(a) After the decision of the court in the case of the not found accused (trial in abstentia) the procedure stays until when the accused personally or the defense counsel delegated by him lays down an appeal. In this case the beginning of the appeal term starts for the accused from the moment he has been found, and also a notification has been delivered to him.
(b) If the accused does not lay down an appeal during the said term in article 47 (a) the decision becomes final.
Chapter 5 Appellate Procedures
Article 49.
Modalities of the Appeal
(a) The act of appeal shall be signed by the accused or by his defense counsel when the latter represented the accused during the trial.
(b) The clerk of the court receiving the act of appeal has to register it specifying the date and hour of the delivery.
(c) If the accused who wants to file the appeal and delivers a written text is unable to sign it because illiterate or for any other reason he can fingerprint it and the clerk of the court shall certify this in the register.
(d) If an illiterate person wants to file an appeal but is not in a position to present a written text, the clerk of the court shall write down in the register his verbal statements.
Chapter 5 Appellate Proceedings
Article 50. Content of Appeal
(a) The act of appeal shall contain the indication of the contested decision and expose the reasons according to which the decision is considered wrong.
(b) The denunciation of the errors of the decision shall make reference to:
1. Wrong application of the law and definition of crime;
2. Wrong evaluation of the facts and circumstances;
3. Wrong application of the penalty and/or its amount.
Chapter 5 Appellate Proceedings
Article 51.
Activities of the Appeal Trial
(a) The Chief Judge of the Court of Military Appeals, upon receipt of the appeals shall fix the date and hour of the hearing.
(b) The notification shall be served to the accused and the prosecutor at least five days before the date of the hearing by the Executive Office of the Court.
Chapter 5 Appellate Proceedings
Article 52.
Powers of the Court of Military Appeals
(a) The Court of Military Appeals shall confine its review to the points of the decision to which the act of appeal makes reference.
(b) When the appeal is filed by the accused, the court can in no case increase the punishment inflicted by the Basic Military Court.
Chapter 5 Appellate Proceedings
Article 53.
Appeal Hearing
(a) Whenever the Court of Military Appeals deems that the activities accomplished in the previous procedure are not sufficient for making a sound decision, it can hear the witnesses and experts who appeared in the Basic Military Court and collect new documents and explore new proofs.
(b). Otherwise the court makes its decision on the basis of the existing material and of the arguments presented during the discussion.
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.