'Appeal against other decisions - ICC proceedings' in document 'Slovakia - Crim Proc Code - Leg Rel Abroad'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER TWO
EXTRADITION

Division Two

Custody pending extradition

Section 508

(1) An appeal shall be admissible against the decision on custody under Articles 505, 506 paragraph 1 and 507, but it shall have no postponing effect.

(2) The court shall inform the ministry of justice about all decisions concerning the custody.

CHAPTER TWO
EXTRADITION

Division Two

Section 509
Court decision

(4) An appeal solely on one of the grounds of inadmissibility of extradition under Article 501 by the prosecutor or by the person whose extradition is sought shall be admissible against the decision of the Regional Court on admissibility of extradition ; the appeal shall have a postponing effect. The decision of inadmissibility shall be subject to an appeal solely by the prosecutor and such appeal shall have a postponing effect.

(5) The appeal shall the decided upon by the Supreme Court. An appellate court in a closed hearing shall dismiss the appeal if it finds the appeal unsubstantiated. If it upholds the appeal, it shall revoke the appealed decision and after taking additional evidence, if necessary, it shall itself decide by a resolution, whether the extradition is admissible or not. Article 506 paragraph 2 shall be applicable mutatis mutandis.

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.