Appeal against other decisions - national proceedings

Croatia

Croatia - Constitution 1990 (2013) EN

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 24
Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

Croatia - Implementation of Statute of ICC 2003 (2004) EN

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 36

(1) The public attorney, the person indicted and his/her defence counsel are entitled to appeal against the decision of the district court granting the request to surrender the person indicted. The appeal shall stay the execution of the decision, and it shall be decided on by a panel of the Superior Court of the Republic of Croatia consisting of five judges.

(2) The provisions of the Law on Criminal Procedure related to deciding on the appeal shall apply analogously to the procedure conducted by the Superior Court of the Republic of Croatia for deciding on the appeal mentioned in paragraph 1 above.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 37

A valid court decision granting the surrender of the person indicted to the International Criminal Court is final. It may be appealed against by means of a constitutional complaint lodged with the Constitutional Court of the Republic of Croatia. The Minister of Justice may temporarily postpone the surrender of the person indicted on account of this person's illness or for other particularly justified reason.

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.