Part 5. Reopening of cases; appeals.
Section XXX. [Appeals against rulings to the Court of Appeals.]1)
Article 192
Appeals may be made to [the Court of Appeals] 1) against rulings by district court judges on the following matters (cf., however, the second paragraph): a. whether they step down,
b. whether a session of the court is to be held in camera or a prohibition is to be imposed on the public reporting of court proceedings,
c. a refusal to release copies of materials or to grant permission to listen to a recording made at a court session,
d. matters concerning the defendant’s rights, or those of his or her defence counsel or lawyer during the investigation of the case, [and also the appointment of a defence counsel or a refusal to appoint a defence counsel], 2)
e. matters regarding the rights of the injured party or of his or her legal rights protector during the investigation of the case, [and also the appointment of a legal rights protector or a refusal to appoint a legal rights protector], 2)
f. matters regarding the questioning of the defendant, the injured party or other witnesses during the investigation of the case,
g. the authorisation to seize items, or whether such items are to be released,
h. warrants for searches and other measures under Section X, and the execution of those measures,
i. authorisations for measures under Section XI,
j. authorisations for forensic autopsies,
k. the arrest of property,
l. custody and other measures under Section XIV, including how persons are to be held in custody,
m. refusals to handle a case regarding investigative measures without conduct an investigation without the accused, or another party whom it concerns, being summonsed to attend court,
n. matters regarding the questioning of the defendant or witnesses in court,
o. matters regarding assessments,
p. authorisation to submit an item of evidence, the duty to release it for submission in a case or authorisation to seize items in order to see that this duty is fulfilled,
q. refusal of authorisation to gather evidence before another court,
r. refusal to reopen cases that have been concluded by the endorsement of the fine docket,
s. on the granting of a time extension,
t. on the dismissal of a case from court,
u. on the dismissal from court of a claim under Section XXVI,
v. whether a case is to be dropped,
w. matters to which procedure under Section XXVII applies,
x. the refusal to reopen a case in which judgment has been delivered,
y. a procedural fine.
After the hearing of a case has begun, a ruling by a district court judge may not be appealed to a higher court unless it concerns:
a. the dismissal of a case, the dropping of a case or its deferral,
b. coercive measures as provided for in Sections IX, X, XI, XII and XIV,
c. whether a witness or assessor is to be produced in court, a question is to be put to him or her and he or she is to be obliged to answer it,
d. matters relating in another way to the interests of a person who does not have standing in the case.
No appeal may be lodged against a ruling by a district court judge if the action decided upon in the ruling has already been taken or the situation resulting from the ruling has already ceased to obtain.
When an appeal has been made against a ruling, and the situation has become as is described in the third paragraph after that time but prior to the delivery of judgment in the appeal case, then the appeal shall be dismissed from [the Court of Appeals]. 1)
1)Act 49/2016, Art. 44. 2)Act 52/2010, Art. 5.
Part 5. Reopening of cases; appeals.
Section XXXI. [Appeals against judgments to the Court of Appeals.]1)
Article 196
Subject to the restrictions that follow from other provisions of this Act, an appeal may be lodged with [the Court of Appeals] 1) against a district court judgment in order to obtain:
a. a review of a decision on sanctions;
b. a review of conclusions based on the interpretation or application of legal principles;
c. a review of conclusions based on an assessment of the evidential value of
[evidence or] 2) oral testimony before the district court;
d. the annulment of a judgment and referral of a case back to the district court for a retrial, or
e. the dismissal of the case from the district court.
When an appeal is brought against a judgment, a review may also be sought of rulings delivered and decisions taken during the pleading of the case before the district court.
If an appeal is brought against a district court judgment for any of the purposes stated in the first paragraph, then a review may at the same time be sought of the conclusions of the judgment regarding a claim under Section XXVI, providing that it was substantively resolved and the defendant or the claimholder has requested a review for their own part. If no appeal is brought against the district court judgment in accordance with the foregoing, the defendant and the claimholder may each, separately, appeal specifically against the resolution by the court of the substance of the claim; such an appeal shall be subject to the rules applying to appeals against judgments in civil cases.
Part 5. Reopening of cases; appeals.
Section XXXI. [Appeals against judgments to the Court of Appeals.]1)
Article 197
The Director of Public Prosecutions may appeal against a district court judgment if he or she considers that the defendant has been wrongly acquitted or that punishment or other sanctions determined are substantially too mild (cf., however, the first paragraph of Article 198). He or she may also appeal against the judgment to the advantage of the defendant.
A defendant who has been convicted by a district court may bring an appeal against the district court judgment (cf., however, the first paragraph of Article 198). If the defendant is deceased, his or her spouse, children, other direct descendants, parents or siblings may appeal against the judgment on his or her behalf.
Part 5. Reopening of cases; appeals.
[Section XXXII. Appeals against rulings by the Court of Appeals to the Supreme Court.]1)
1)Act 49/2016, Art. 68.
[Article 211
Appeals may be brought before the Supreme Court regarding rulings by the Court of Appeals on the following:
a. dismissal of cases from a district court or from the Court of Appeals or the dropping of cases, partially or in their entirety, before a district court or the
Court of Appeals,
Part 5. Reopening of cases; appeals.
[Section XXXIII. Appeals against judgments by the Court of Appeals to the Supreme Court.]1)
Article 215
Subject to the restrictions that follow from other provisions of this Act, an appeal may be lodged with the Supreme Court against a judgment by the Court of Appeals in order to obtain:
a. a review of a decision on sanctions;
b. a review of conclusions based on the interpretation or application of legal principles;
c. a review of conclusions based on an assessment of the evidential value of evidence other than oral testimony before the district court or the Court of Appeals;
d. the annulment of a district court judgment and a judgment by the Court of
Appeals and the referral of the case back to the district court for a retrial,
e. the dismissal of the case from the district court and the Court of Appeals.
When an appeal is brought against a judgment, a review may also be sought of rulings delivered and decisions taken during the pleading of the case before the district court.
If an appeal is brought against a judgment by the Court of Appeals for any of the purposes stated in the first paragraph, then a review may at the same time be sought of the conclusions of the judgment regarding a claim under Section XXVI, providing that it was substantively resolved and the defendant or the claimholder has requested a review for their own part. If no appeal is brought against the judgment by the Court of Appeals in accordance with the foregoing, the defendant and the claimholder may each, for their own part, apply specially to the Supreme Court for leave to appeal against the court’s conclusion regarding the substance of the claim; such an appeal shall be subject to the rules applying to appeals against judgments in civil cases.
The Supreme Court shall decide whether to grant an application for leave to appeal. Such leave shall only be granted if the appeal concerns a matter which has substantial general significance or regarding which it is highly important, for other reasons, to obtain a resolution by the Supreme Court. The Supreme Court may also grant such leave if there is reason to consider that procedure in the case before the district court or the Court of Appeals was evidently incorrect, either formally or substantively. If the defendant was acquitted of the substance of the indictment by the district court, but convicted by the Court of Appeals, however, then an application for leave to appeal from the defendant, or from the prosecution when this will be to the defendant’s advantage, shall be granted, unless the Supreme Court regards it as clear that an appeal will not result in an amendment of the judgment by the Court of Appeals.
Leave to appeal to the Supreme Court against a judgment by the Court of
Appeals may not be granted for the review of an assessment by the Court of Appeals of the evidential value of oral testimony.] 1)
1)Act 49/2016, Art. 68.
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.