Appeals Division

 

 The Appeals Division is composed of five judges:

Appeals Chamber

The Appeals Chamber is composed of all five judges assigned to the Appeals Division.

The Prosecutor may appeal a decision of conviction or acquittal on grounds of procedural error, error of fact or error of law. A convicted person, or the Prosecutor on that person’s behalf, may appeal a conviction on the above grounds or on any other ground that affects the fairness or reliability of the proceedings or decision. The Prosecutor or the convicted person may appeal the sentence imposed on the ground of disproportion between the crime and the sentence. The Appeals Chamber may decide to reverse or amend the decision or sentence or order a new trial before a different Trial Chamber. On appeal against sentence, if the Appeals Chamber is of the opinion that there are grounds on which the conviction might be set aside, the Appeals Chamber may invite the Prosecutor and the convicted person to submit grounds of appeal and may thereafter render a decision on conviction. Likewise, on appeal against conviction, the Appeals Chamber if it considers that there are grounds to reduce the sentence may invite the Prosecutor and the convicted person to submit such grounds and may render thereafter a decision on the issue.

Other decisions made during the course of proceedings by the Pre-Trial and Trial Chamber may also be appealed by either party, including decisions with respect to jurisdiction and admissibility. In addition, there is provision for appeals against orders for reparations.

A convicted person, or other specified persons on that person's behalf, may also apply to the Appeals Chamber to revise a final judgement of conviction or sentence when new evidence has been discovered which, if available at the time of trial, would have been likely to have resulted in a different verdict. Among the other grounds for revision are the discovery that decisive evidence was false, forged or falsified or that there was serious misconduct by a participating judge.

The Appeals Chamber is also responsible for the review of sentence, i.e. to determine whether, after the person has served two thirds of the sentence or 25 years in the case of life imprisonment, the sentence should be reduced. If not reduced, the Appeals Chamber shall thereafter review the question of reduction of sentence at least every three years. Furthermore, the Appeals Chamber is the body responsible for deciding questions relating to the disqualification of the Prosecutor or a Deputy Prosecutor.