Section 36p. 36

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

2. The Court may order money and other property

collected through fines or forfeiture to be transferred, by

order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria

to be determined by the Assembly of States Parties.

ARTICLE 80

Non-prejudice to national application of

penalties and national laws

Nothing in this Part affects the application by States of

penalties prescribed by their national law, nor the law of

States which do not provide for penalties prescribed in

this Part.

PART 8. APPEAL AND REVISION

ARTICLE 81

Appeal against decision of acquittal or conviction

or against sentence

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.

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. 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.

4. The judgement of the Appeals Chamber shall be taken

by a majority of the judges and shall be delivered in open

court. The judgement shall state the reasons on which it

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