TITLE V PRECAUTIONARY MEASURES
CHAPTER II ISSUANCE AND ENFORCEMENT OF PRECAUTIONARY MEASURES
Article 249 Appeals against precautionary measures
1. Against the decision of the court for the application of a precautionary measure, under Article 244 of this Code, an appeal may be lodged within five days of the notification of the court decision.
1/1. the prosecutor, the defendant and his/her defense lawyer may file an appeal against the court decision for the continuation, revocation or replacement of the precautionary measure under Article 248 of this Code within five days.
2. For the defendant who has escaped, the time limit starts to run from the date of the notification rendered pursuant to article 141.
3. The appeal is filed with the secretary of the court that issued the decision, which is obliged to deliver the documents to the Court hearing the appeal, within 3 days of the notifications.
4. The prosecutor, defendant and his/her defense lawyer are notified on the date of the hearing at least 3 days in advance.
5. The appeal shall be examined within ten days of the acts being received.
6. The court decides, as appropriate, the annulment, amendment or approval of the decision, even on different grounds from those presented or indicated in the reasoning part of the decision. The court shall deposit its reasoned decision within 10 days.
7. When the decision is not announced or enforced within the set time limit, the act based on which the coercive precautionary measure has been issued becomes void.
8. against the decision of the Court of Appeal, an appeal may be lodged before the High Court On the grounds of law infringement, within its competence.
9. After six months of the execution of the arrest decision, the defendant and his/her defense lawyer may file and appeal to the court of appeal concerning to the duration of the precautionary detention in prison.
10. The court of appeal shall decide within fifteen days of the receipt of the acts.
TITLE V PRECAUTIONARY MEASURES
CHAPTER VI PROPERTY PRECAUTIONARY MEASURES
SECTION II PREVENTIVE SEQUESTRATION
Article 276 appeal against the decision
1. Whoever has an interest may appeal against the issuance or rejection of the sequestration order.
2. The appeal may be filed within ten days from the issuance of the decision or from the day the interested person receives notice of the sequestration.
3. The appeal is filed with the secretary of the court which has issued the decision.
4. The appeal does not suspend the execution of the order.
5. The court of appeal rules on the appeal within fifteen days from receiving the documents.
6. The court decides, as appropriate, the annulment, amendment or approval of the appealed decision.
TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER VII TIME LIMITS FOR COMPLETION OF INVESTIGATIONS
Article 325 Request for prolongation of investigation time limits
1. The defendant and the victim are entitled, within ten days of notification, to appeal the decision of the prosecutor prolonging the investigations in the district court.
TITLE VIII APPEALS
CHAPTER I GENERAL RULES
Article 407 Cases and means of appeal
1. The law provides for the cases in which the decisions and orders of the court may be appealed, as well as the means for appealing.
2. The appeal against the orders of the court, unless the law provide otherwise, may be filed along with the appeal against the decision.
3. The means for appealing are: the appeal to the court of appeal, the appeal to the High Court and the request for revision.
4. A person has The right to appeal, when it is expressly acknowledged by the law. If the law does not differentiate among the parties, each of them has the right to appeal.
5. If the appeal is filed with an incompetent court, it shall transfer the acts to the competent court.
Article 408 Appeal by the prosecutor
The prosecutor may file an appeal with the higher court, in cases foreseen by this code.
Article 409 Appeal by the accusing victim
1. The accusing victim may appeal, personally or through his representative, both for criminal or civil effects. He may withdraw the appeal filed by the representative.
Article 410 Appeal by the defendant
1. The defendant may appeal personally or through his defence lawyer. The legal guardian of the defendant may file any appeal that the defendant is entitled to.
2. The decision issued in absentia may be appealed by the defence lawyer, only if he is specifically authorised by the defendant, by means of a power of attorney, issued in the forms provided for by the law, or by statement made in the hearing.
3. The defendant may withdraw the appeal made by his defence lawyer, but if he is legally incapable to act, the consent of the legal guardian shall be obtained.
4. An appeal by the defendant against the conviction or acquittal includes an appeal against the part of the decision on the obligation of restitution of property, compensation for damage and payment of court procedure expenses.
Article 411 Appeal by victim, civil plaintiff and civil defendant
1. The accusing victim and the civil plaintiff may appeal against the points of the convicting decision connected with the civil lawsuit and, in case of acquittal, only against the effects of civil liability.
2. The victim and civil plaintiff may appeal against the parts of the decision regarding the liability of the civil defendant for the restitution of the property, the compensation for the damage and procedural expenses.
TITLE VIII APPEALS
CHAPTER III APPEAL TO THE HIGH COURT
SECTION I GENERAL RULES
Article 432 Appeal against decisions of the Court of Appeal
1. Appeal to the High Court against decisions issued by the Court of Appeal may be filed for the following reasons:
a) non-compliance with or improper application of substantive or procedural law, which is important for uniform interpretation or development of the judicial practice;
b) non-compliance or wrong application of procedural law, having as consequence the invalidity of the decision, absolute invalidity of acts or non-usability of evidence;
c) the decision subject to appeal is contrary to the practice of the Criminal Chamber or Joint Chambers of the High Court.
2. When it deems it necessary, the Court shall request written memoranda from the parties.
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.