'Revision of conviction or sentence - ICC proceedings' in document 'France: ICC Law - Code of Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER II THE EXECUTION OF SENTENCES AND COMPENSATION IN FAVOUR OF VICTIMS
SECTION 2: THE EXECUTION OF PRISON SENTENCES

Article 627-20

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

If the convicted person lodges a request to be placed abroad, or for partial liberty, reduction in his sentence, for his sentence to be suspended or to be served in parts, for placement under electronic surveillance or for release on parole, his request is sent to the public prosecutor at the appeal court for the area where the convicted person is imprisoned. The district prosecutor sends this request on to the Minister of Justice.
The latter sends the request to the International Criminal Court as soon as possible, together with all the relevant documents.
The International Criminal Court decides if the convicted person may or may not benefit from the considered measure. Where the Court’s decision is negative, the government indicates to the court whether it agrees to keep the convicted person on French territory or if it intends to request his transfer to another State appointed by the court.

RELEVANT ROME STATUTE PROVISIONS

Article 84
Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter,
with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.