Appeal against other decisions - national proceedings

Armenia

Armenia - Constitution (EN) 2015

Article 27. Personal Liberty

1. Everyone shall have the right to personal liberty. No one may be deprived of personal liberty otherwise than in the following cases and as prescribed by law:
(1) the person has been sentenced by a competent court for committing a criminal offence;
(2) the person has failed to obey a legitimate court order;
(3) for the purpose of ensuring the fulfilment of a certain obligation prescribed by law;
(4) for the purpose of bringing a person before a competent authority where there exists a reasonable suspicion that the person has committed a criminal offence, or a justified necessity of preventing the committal of a criminal offence by the person or his or her fleeing after having done so;
(5) for the purpose of placing a minor under educational supervision or bringing him or her before a competent authority;
(6) for the purpose of preventing the spread of contagious diseases dangerous for the public, as well as the danger posed by persons with mental disorder, drug addicts and alcoholics;
(7) for the purpose of preventing the unauthorised entry of a person into the Republic of Armenia, or for deporting or extraditing a person to another state.
2. Everyone deprived of personal liberty shall be promptly informed, in a language which he or she understands, about the reasons for deprivation of liberty, whereas in case a criminal charge is brought — also about the charge.
3. Everyone deprived of personal liberty shall be entitled to have the person of his or her choice be immediately informed thereon. The exercise of this right may be delayed only in the cases, under the procedure and within the time limits prescribed by law, for the purpose of preventing or disclosing crimes.
4. If within a reasonable time period upon depriving of liberty but no later than within 72 hours the court fails to render a decision on authorising further confinement of a person deprived of liberty on the ground referred to in point 4 of part 1 of this Article, he or she shall be immediately released.
5. Everyone deprived of personal liberty shall have the right to challenge the legitimacy of depriving him or her of liberty, whereon the court shall render a decision within a short time period and shall order his or her release if the deprivation of liberty is non legitimate.
6. No one may be deprived of personal liberty merely on the ground of inability to fulfil civil-law obligations.

Article 69. Right of a Sentenced Person to Appeal

Everyone sentenced for committal of a criminal offence shall have the right to have the criminal judgment, rendered against him or her, reviewed by superior judicial instance, on the grounds and under the procedure prescribed by law.

Armenia - Criminal Procedure Code (EN) 1998 (2016)

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

2. 17) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor and, the court;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

2. 20) to appeal the actions and the decisions of the bodies of inquiry, the investigator, the prosecutor, the court, including the appeal of verdict and other final decisions of the 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.