Appeal against other decisions - 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 46. The Suspect

4. 5) to enter petitions and to file recusations ;

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 46. The Suspect

4. 10) to lodge complaints against the actions (the lack of action) and decisions of the court, of the prosecutor, of the investigator or of the inquirer ;

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. 14) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, of the investigator, of the prosecutor or of the court, and to take part in their examination by the court ;

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 III. Proof and Proving

Chapter 13. Measures of Restriction

Article 108. Taking into Custody

11. The judge's resolution on the selection of taking into custody as a measure of restriction or on the refusal in this, may be appealed with the higher-placed court by way of cassation within three days from the day of passing such. The court of the cassation instance shall take the decision on the complaint or on the presentation not later than three days from the day of its receipt. The cassational court award on the reversal of the judge's ruling on the measure of restraint in the form of detention shall be immediately executed. The cassational court award may be appealed in the exercise of supervisory powers established by Chapter 48 of this Code .

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 .

Rome Statute

Article 82 Appeal against other decisions

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.