Part Two
COURSE OF THE PROCEEDINGS
V THE MAIN HEARING AND JUDGMENT
Chapter XXIII
THE JUDGMENT
3. PRONOUNCEMENT OF JUDGMENT
Instructions on the right to appeal and other warnings
Article 377
(1) After the judgment is pronounced, the Chair of the Panel shall inform the parties of their right to appeal and of their right to respond to an appeal.
(2) If the defendant has been given a suspended sentence, the Chair of the Panel shall admonish him/her of the meaning of a suspended sentence and on the conditions s/he has to adhere to.
(3) The Chair of the Panel shall admonish the parties that they have to report to the Court any change of address until the proceedings are concluded.
Part Two
COURSE OF THE PROCEEDINGS
G. PROCEEDINGS UPON LEGAL REMEDIES
Chapter XXIV
REGULAR LEGAL REMEDIES
1. APPEAL AGAINST FIRST INSTANCE JUDGMENT
1) Right to appeal
Right to appeal and deadline for appeal
Article 381
(1) An appeal against the first instance judgment may be filed within 15 days from the date when the copy of the decision was delivered.
(2) An appeal filed in due time by an authorized person shall stay the execution of the judgment.
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.