Appeal against decision of acquittal or conviction or against sentence - national proceedings

Russian Federation

Criminal Procedural Code of the Russian Federation

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 19. Right to File Appeals Against Procedural Actions and Decisions

1. The actions (the lack of action) and decisions of the court, of the prosecutor, of the investigator, of the body of inquiry and of the inquirer may be appealed against in accordance with the procedure, established by the present Code.

2. Every one convict shall have the right to the revision of the sentence by a higher placed court in accordance with the procedure, established by Chapters 43-45, 48 and 49 of the present Code .

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 47. The Accused

4. 18) to file an appeal against the sentence, the ruling or the resolution of the court and to receive the copies of the decisions he appeals against ;

Part One. General Provisions

Section V. Petitions and Complaints

Chapter 16. Filing Appeals Against the Actions and Decisions of the Court and of the Officials, Conducting the Criminal Court Proceedings

Article 127. Complaint and Presentation Against the Sentence, Ruling or Resolution of the Court

1. The complaints and presentations against the sentences, rulings and the resolutions of the courts of the first and appeals instances, as well as the complaints and the presentations against the court decisions, taken in the course of the pre-trial proceedings on the criminal case, shall be filed in accordance with the order, established by Chapters 43 - 45 of the present Code.

2. The complaints and the presentations against the court decisions, which have come into the legal force, shall be filed in the order established by Chapters 48 and 49 of the present Code .

The Constitution of the Russian Federation

SECTION ONE

CHAPTER 2. HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 50

3. Any person convicted of a crime shall have the right to appeal against the verdict to a higher court in accordance with the procedure established by federal law, as well as to request pardon or mitigation of the punishment.

Rome Statute

Article 81 Appeal against decision of acquittal or conviction or against sentence

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.