Understanding the International Criminal Court
G. APPEALS AND REVISION
64. When may a decision be appealed?
Any party may appeal the decisions of a Pre-Trial or Trial Chamber. The
Prosecution may appeal against a conviction or acquittal on any of the following
grounds: procedural error, error of fact or error of law.
The convicted person or the Prosecution may also appeal on any other ground that
affects the fairness or reliability of the proceedings or the decision, in particular on
the ground of disproportion between the sentence and the crime.
The legal representatives of the victims, the convicted person, or a bona fide owner
of property adversely affected by an order for reparations to the victims may also
appeal against such an order.
The Appeals Chamber may reverse or amend the decision or conviction or order a
new trial before a different Trial Chamber.
65. Does the convicted person remain in custody pending an appeal?
Unless otherwise ordered by the Trial Chamber, a convicted person remains in
custody pending an appeal. However, in general, when a convicted person’s time
in custody exceeds the sentence of imprisonment imposed, the person is released.
In addition, in the case of an acquittal, the accused is released immediately unless
there are exceptional circumstances.
66. When can a decision be revised?
The convicted person or the Prosecution may apply to the Appeals Chamber to
revise a final judgment of conviction or sentence where:
▪
new and important evidence has been discovered;
▪
it has been newly discovered that decisive evidence, taken into account at trial
and upon which the conviction depends, was false, forged or falsified;
▪
one or more of the judges has committed an act of serious misconduct or serious
breach of duty of sufficient gravity to justify the removal of that judge or those
judges from office under the Rome Statute.
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