Appeal against other decisions - national proceedings

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 71. Rights of an Accused in a Court of First Instance

An accused in a court of first instance has the fundamental rights determined in Section 60.2 of this Law, as well as the right:

13) to appeal a court ruling in accordance with the procedures laid down in the law.

Section 94. Rights of a Legal Person in Proceedings Regarding the Application of a Coercive Measure

(1) The rights of a legal person shall be exercised by the representative thereof. From the time when a person is permitted to participate in the proceedings regarding the application of a coercive measure as the representative of a legal person according to the decision of the person directing the proceedings, such person has the right:

10) to appeal the procedural decisions in the cases, within the terms and in accordance with the procedures laid down in the law;

Section 241. Grounds for the Application of a Procedural Compulsory Measure

(1) Grounds for the application of a procedural compulsory measure shall be the resistance of a person to achieving the objective of criminal proceedings in the specific proceedings or to carrying out a separate procedural action, or failure to fulfil or improper fulfilment of his or her procedural duties.

(2) A security measure shall be applied as a procedural security measure to a suspect or an accused if there are grounds to believe that the relevant person will continue criminal activities, or hinder pre-trial criminal proceedings or court or avoid such proceedings and court.

(3) In making a judgment, a court may apply a security measure to an accused if there are grounds to believe that he or she may avoid the execution of the judgment. In cases when a court has imposed a custodial sentence for serious or especially serious crime, a convicting judgement may be the grounds for selection of security measure - arrest.

Section 262. Appeal of a Decision to Apply a Security Measure not Related to Deprivation of Liberty

(1) During pre-trial proceedings, a decision taken by the person directing the proceedings on the following may be appealed:

1) prohibition from approaching a specific person or location;
2) prohibition on a specific employment;
3) prohibition on departure from the State;
4) amount of a bail;
5) placement under police supervision, but only in relation to restrictions on movement and action indicated in the decision;
6) duty to report to the police authority at a specific time;
7) residence at a specific place.

Section 297. Consequences of Expulsion from a Court Room

(3) A decision on expulsion from a court room may be appealed only together with an appeal of a final ruling made by a court.

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.