Rome Statute of the International Criminal Court
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.
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.
Article 83
Proceedings on appeal
1.
For the purposes of proceedings under article 81 and this article, the Appeals
Chamber shall have all the powers of the Trial Chamber.
2.
If the Appeals Chamber finds that the proceedings appealed from were unfair in a
way that affected the reliability of the decision or sentence, or that the decision or
sentence appealed from was materially affected by error of fact or law or procedural
error, it may:
(a)
Reverse or amend the decision or sentence; or
(b)
Order a new trial before a different Trial Chamber.
For these purposes, the Appeals Chamber may remand a factual issue to the original
Trial Chamber for it to determine the issue and to report back accordingly, or may
itself call evidence to determine the issue. When the decision or sentence has been
appealed only by the person convicted, or the Prosecutor on that person's behalf, it
cannot be amended to his or her detriment.
3.
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If in an appeal against sentence the Appeals Chamber finds that the sentence is
disproportionate to the crime, it may vary the sentence in accordance with Part 7.