Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons
Article 423
Decision Establishing Legal Requirements for Extradition
If the Panel (Article 24, Paragraph 7) has found that legal requirements for the extradition of the alien have been fulfilled, it shall confirm that by way of a decision. The alien shall have the right to appeal such a decision to the Appellate Division Panel.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 31
(Appeal from the Decision on Surrender)
(1) The person requested to surrender and his defence attorney may file an appeal from the Decision fulfilling the request of the International Criminal Court within eight days from the receipt of the Decision.
(2) The Appeal shall stay the execution of the Decision and the appeal shall be decided by the Appellate Panel of the Court of BiH.
(3) The procedure of rendering the decision on the appeal shall be conducted in accordance with the provisions of the Criminal Procedure Code pertaining to the rendering of the decision on the appeal from the judgement.
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.