Appeal against other decisions - national proceedings

Georgia

Georgia - Criminal Procedure Code 1998 (2022) EN

Article 38 – Rights and obligations of the accused
15. The accused may, in cases and in the manner provided for by this Code, appeal the actions of an investigator to a prosecutor, appeal the actions and decisions of a prosecutor to a superior prosecutor, and, in cases provided for by this Code, to a court. The accused/convicted person may appeal a court decision and request a copy of the appealed decision.

Article 66 – Appealing a decision on a motion for recusal
1. A decision granting a motion for recusal may not be appealed.
2. A decision dismissing a motion to recuse an investigator may be appealed, only once, within a period of one week, to a prosecutor who is superior to the prosecutor providing procedural guidance.
3. The refusal of a court to grant a motion for recusal may be appealed along with a final decision.

Article 156 – Appealing a court ruling seizing property
A court ruling seizing property shall, within 48 hours after the ruling is issued, be handed over to the person authorised to appeal. This ruling shall be appealed under Article 207 of this Code. The ruling may be appealed by the prosecutor, the accused and/or a person whose material rights have been violated as a result of that ruling, as well as by their defence lawyers. The running of the time limit for appealing a ruling shall commence from the time it has been handed over to the authorised person.

Article 169 – Indictment of a person
9. Within 10 days after receiving an indictment, a person may, in the manner provided for by this Code, file an appeal for intentional procrastination of the commencement of criminal prosecution to a superior prosecutor, or according to the place of investigation, to a district (city) court, which shall review the appeal within three days after its receipt. A court may review an appeal without an oral hearing. Satisfaction of the appeal shall serve as grounds for recognising as inadmissible all the evidence relating to the charges brought against that person, which have been obtained during the investigation, after sufficient grounds for initiating a criminal prosecution against the person have been provided. In cases provided for by this paragraph, a court ruling may be appealed to the investigation panel of the relevant court of appeal in accordance with Article 207 of this Code.

Article 207 – Procedure for appealing a ruling on the application, change or annulment of a measure of restraint
1. A ruling on the application, change or annulment of a measure of restraint may, within 48 hours after it has been made, be appealed only once by the prosecutor, the accused and/or his/her defence lawyer to the investigation panel of a court of appeal. An appeal shall be filed with the court delivering the ruling, and the court shall immediately forward the appeal and related materials to the relevant court according to the jurisdiction. Appealing a ruling shall not suspend its enforcement.
2. The appeal shall specify the requirements that were violated when delivering the appealed decision, and demonstrate the wrongfulness of the provisions of the appealed decision. An appeal against a measure of restraint may also indicate the essential issues and evidence that were not examined or assessed by the court of first instance in the manner prescribed by this Code, which could have affected the lawfulness of applying the measure of restraint against the person concerned.
3. The parties shall be notified of the day and time of the review of an appeal within a reasonable period.
4. The judge of the investigation panel of a court of appeal shall review an appeal sitting alone, not later than 72 hours after it has been filed, in the manner prescribed by Article 206(3) of this Code. The judge shall, without an oral hearing, decide the admissibility of an appeal against a measure of restraint; in particular, the judge shall decide whether the appeal meets the requirements set by paragraphs 1 and 2 of this article, and also, whether the court of first instance has examined and evaluated the substantial evidence in accordance with this Code, which could have affected the lawfulness of applying the measure of restraint against the person. The judge shall render a reasoned ruling on the admissibility of the appeal.
5. If an appeal is found to be admissible, the judge shall hold an oral hearing within the period and in the manner established by this Code. The judge may, without an oral hearing, review an appeal that does not concern a ruling on a measure of restraint.
6. After reviewing an appeal, copies of the ruling shall be handed over to the parties, shall be forwarded to the court that delivered the appealed decision, and to the body responsible for executing the ruling.
7. A ruling delivered under this article shall be final and may not be appealed.
8. The judge shall read out the operative part of the ruling delivered, and briefly inform the parties of the grounds for the ruling.

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter 5 Surrender of a person to the International Court

Article 26

Rights of a person subject to surrender

2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:

a. challenge the jurisdiction of the International Court;

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 3 Extradition

Article 34

Decision on extradition and its appeal

11. The ruling of a district (city ) court on the permissibility of extradition may, within 7 days after it is delivered, be appealed by the parties by way of a cassation appeal to the Criminal Chamber of the Supreme Court of Georgia, which shall set the date of the first hearing not later than 5 days after receiving the appeal.

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.