Book 4: Methods of Reviewing Judgements
Section 2: Cassation 249-265
Article 250
An appeal against a judgment or decision on which there has been a ruling in the case must include all the judgments and decisions already issued or connected with it.
Article 251
A. An appeal by the Public Prosecution is restricted to criminal cases and an appeal by the civil plaintiff and the person with civil liability is restricted to civil cases. An appeal by the complainant is restricted to whichever of the two he has requested. However, an appeal by the accused includes both criminal and civil cases, unless there as been a restriction to just one of them.
B. If an appeal was submitted by the Public Prosecution, it can reverse a judgment regarding all the persons convicted, but if it was submitted by only one of those convicted, the judgment
will only be reversed in respect of that person, unless the reason on which the appeal is based also apply to the other convicted persons. In that situation the decision can be reversed with regard to all of them.
C. In the process of cassation over an appeal, steps are taken to ensure that the appellant is not prejudiced by the fact that an appeal is lodged, unless the judgment against which an appeal has been made is evidence of the fact that the law has been violated.
Article 252
A. The appeal takes place by means of a petition presented by the petitioner, or his legal representative, to the criminal court which issued the judgment, to any other criminal court, or directly to the Court of Cassation, within a period of thirty days, starting from the day after the judgment was issued, if in the presence of the parties, or from the date it was regarded as having the status of being issued in the presence of the parties, if it was in absentia.
B. If the petitioner is in prison, in detention, or in any way inhibited, he may present the petition through a prison, detention centre or appropriate official.
C. The petition contains the name of the petitioner, a summary of the judgment against him and its date, the name of the court which issued the judgment, the grounds on which the appeal is based and the final result.
D. The petitioner may show the grounds for the appeal separately on the petition, or he may give new grounds, before the decision is made. It is the responsibility of all parties involved in the case to present their own written statements and applications.
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.