TITLE II
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES
SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS
Article 65
(Application of criminal law)
6. Citizens who are unjustly convicted shall have the right to have their sentences reviewed and to receive compensation for any damages they have suffered, as prescribed by law.
TITLE II
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES
SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS
Article 67
(Guarantees in criminal proceedings)
1. No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.
TITLE II
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES
SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS
Article 67
(Guarantees in criminal proceedings)
6. Any individual who is sentenced shall have the right to lodge an appeal or extraordinary review procedure with the appropriate court against their penal sentence, under the terms of the law.
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.