Section IV
VERIFICATION OF COURT’S JUDGMENTS, RULINGS, AND DECISIONS
Chapter 29
FILING APPEALS
Article 348. Persons who may file an appeal
An appeal may be filed by:
1) convicted person, his/her legal representative and defense counsel – in so far as his/her interests are concerned;
2) acquitted person, his/her legal representative and defense counsel – in terms of motives and grounds for acquittal;
3) legal representative, defense counsel of an underage and the underage himself/herself in whose respect compulsory measure of educational natures has been enforced – in so far as his/her interests are concerned;
4) legal representative and defense counsel of the person in whose respect the issue of enforcing compulsory measure of medical nature was decided;
5) defendant whose case is dismissed, his/her legal representative and defense counsel - in terms of motives and grounds for dismissing the case;
6) defendant whose case was remanded for supplementary investigation, his/her legal representative and defense counsel - in terms of motives and grounds for remanding the case for supplementary investigation;
7) civil defendant or his/her representative – in so far as resolution of the claim is concerned;
8) prosecutor who participated in the trial of the case by a trial court, as well as prosecutor who approved the indictment – within the scope of charges pressed by the prosecutor who participated in the trial of the case by a trial court;
9) victim and his/her representative - in so far as victim’s interests are concerned but within the scope of claims brought in trial court;
10) civil plaintiff or his/her representative – in so far as disposition of the claim is concerned;
11) person in whose respect the court has made a presentment;
12) other persons in instances specified in the present Code.
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.