Appeal against other decisions - national proceedings

Greece

Greece - Adaptation of internal law to ICC Statute 2011 EN

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 21
Arrest of the requested person

2. The arrested person shall have the right of recourse to the Judicial Council, in order to challenge his/her identification, in a time-limit of two working days after the arrest.

3. The Judicial Council of the Appeals Court (Chamber of 3 judges) shall sit in public in a period of 15 days after the arrest the latest and is under the obligation to decide finally and irrevocably in 10 days. The arrested shall be summoned before the Council at least 3 days before the date of the hearing.

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 22
Decision for surrender to the ICC

3. The final decision of the Judicial Council of the Appeals Court may be appealed by the
person whose surrender is sought and by the Prosecutor before the Supreme Criminal Court (Areios Pagos)in a deadline of 3 days after the publication of the decision. A report of the appeal shall be drawn up by the Registrar of the Appeals Court.

4. The Supreme Court shall decide in camera within ten days. Art. 448 and 450 of the C.C.P. shall apply by analogy.

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.