'Appeal against other decisions - ICC proceedings' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures


Article 112
Provisional measures

2. Any decision taken upon such a request shall be open to an appeal; appeals against decisions imposing such measures shall not suspend the implementation thereof.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 58
Appeal

1. Both the public prosecutor and the person concerned shall enjoy the right to make an appeal within ten days of the decision.

2. The request for the appeal shall include submissions or otherwise the appeal shall be dismissed.

3. The other party shall have ten days to reply to the appeal.

4. The file shall be forwarded to the "Supremo Tribunal de Justiça" as soon as that reply is received or as soon as the ten days' time-limit is over.

Article 59
Decision on the appeal

1. Once the file is referred to one of the chambers of the criminal section of the "Supremo Tribunal de Justiça", the judge rapporteur shall have a period of ten days to prepare a draft decision. The file shall then be forwarded simultaneously to all the other judges in chamber, for eight days.

2. As soon as the file has been examined by all the judges, it shall be submitted to the next session of the chamber, with priority over other matters pending; not more than three days after the decision on the appeal becomes final, the file shall be returned to the ""Tribunal da Relação"l".

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures

Article 112
Provisional measures

2. Any decision taken upon such a request shall be open to an appeal ; appeals against decisions imposing such measures shall not suspend the implementation thereof.

RELEVANT ROME STATUTE PROVISIONS

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.