Part II
THE COURSE OF PROCEEDINGS
D. JUDICIAL REVIEW
Chapter XXVI
REGULAR LEGAL REMEDIES
1. Appeal against the judgment of the first instance court
a) The right to appeal
Term for filing an appeal and the effect of an appeal
Article 387
(1) Authorized persons may file an appeal against a judgment rendered at first instance within fifteen days from the day the copy of the judgment was served.
(2) An appeal filed in due time by an authorized person shall stay the enforcement of the judgment.
Persons with the right to appeal
Article 388
(1) An appeal may be filed by the parties, the defense counsel and the injured person.
(2) The defendant's spouse, person with whom he is in common law marriage, linear relative in blood, legal representative, adoptive parent, adopted child, brother, sister and foster parent may file an appeal on behalf of the defendant.
(3) The Public Prosecutor may file an appeal to the benefit or to the prejudice of the defendant.
(4) The Public Prosecutor shall file an appeal if the court renders a judgment of acquittal.
(5) The injured party may challenge a judgment only regarding the court’s decision on the costs of the criminal proceedings, but if the Public Prosecutor assumes the prosecution from the subsidiary prosecutor, (Article 63 paragraph 2), the injured person may file an appeal on all grounds whereby a judgment may be appealed (Article 391).
(6) An appeal may be filed by a person whose object was seized or from whom material gain acquired by the commission of a criminal offense was confiscated.
(7) The defense counsel and persons referred to in paragraph 2 of the present Article may file an appeal without the special authorization of the defendant, but not against his will, except when the defendant is sentenced to thirty years in prison or more.
Waiver of the right to appeal and withdrawal of appeal
Article 389
(1) The defendant may waive the right to appeal only after the judgment is served on him. The defendant may waive his right to appeal before this if the Prosecutor and the injured person, when defendant is entitled to appeal also on other grounds and not only for costs, waive their right to appeal, except if the defendant is sentenced to imprisonment. The defendant may withdraw an appeal already filed until the decision of the appellate court is rendered. The defendant may also withdraw an appeal filed by his defense counsel or the persons referred to in Article 388 paragraph 2 of the present Code.
(2) The Prosecutor and the injured person may waive the right to appeal from the moment the judgment is read until the expiry of the term for filing an appeal, and may withdraw an already filed appeal until the decision of the appellate court is rendered.
(3) A waiver and withdrawal of an appeal may not be revoked.
(4) The defendant may not waive his right to appeal or withdraw an already filed appeal if sentenced to imprisonment of thirty or more years.
(5) If defendant, Prosecutor and injured party having right to appeal for other reasons as well, and not only for costs, waived their right to appeal before the judgment was drawn up in writing, the statement of reasons of the judgment shall not contain all data stipulated in Article 385 paragraphs 6 to 8 of the present Code, but shall only contain summarized reasons which the court considered when assessing that certain criminal penalty was to be pronounced, i.e. the type and the measure of the penalty.
b) Contents of an appeal
Article 390
(1) An appeal shall contain:
1) designation of the judgment appealed;
2) grounds for challenging the judgment (Article 391);
3) reasoning for the appeal;
4) motion to amend or revoke the challenged judgment in whole or in part;
5) at the end, the signature of the person filing the appeal.
(2) If an appeal does not contain elements referred to in paragraph 1 of the present Article, the court shall dismiss the appeal.
(3) An appeal may present new facts or evidence, but the appellant shall be obligated to state reasons why he failed to present them earlier. If he presents new facts, the appellant shall be required to provide evidence substantiating such facts, and when proposing new evidence he shall state facts which he wants to prove with such evidence. Otherwise, the court deciding upon the appeal shall not take them under consideration.
c) Grounds for challenging a judgment
Reasons for appeal
Article 391
A judgment may be challenged:
1) For substantive violation of the criminal procedure provisions;
2) For violation of the Criminal Code;
3) For erroneous or incomplete finding of fact;
4) In regard to the decision on sanction, caution, security measure, confiscation of material gain, cost of criminal proceedings, claims for indemnification as well as the decision on a public announcement of the judgment in the media.
Substantive violations of the provisions of criminal procedure
Article 392
(1) A substantive violation of criminal procedure provisions shall exist in following cases:
1) If the court was not composed in accordance to the Law or if a judge or lay judge who did not participate in the trial or who was disqualified by a final decision, participated in rendering a judgment;
2) If a judge or lay judge who should have been disqualified sat in the trial (Article 39 paragraphs 1 to 6);
3) If the trial was held in absence of a person whose presence at the trial was mandatory under the law or if the defendant, defense counsel, subsidiary prosecutor or private prosecutor were, contrary to their request, denied the right to use their language at the trial and to follow the course of the trial in their language (Article 8).
4) If the public was excluded from the trial contrary to the law;
5) If the court violated provisions of criminal procedure related to the existence of charges by authorized Prosecutor or the existence of the motion of an injured person, i.e. the approval of competent authority;
6) If the judgment was rendered by the court which did not have subject matter jurisdiction, or if the court incorrectly denied the charge due to the lack of subject matter jurisdiction, except when a higher court rendered the judgment for the criminal offence which was under the jurisdiction of a lower court;
7) If the judgment exceeds the charge (Article 375 paragraph 1);
8) If the judgment violates the provision of Article 406 of the present Code;
9) If the judgment was founded on evidence on which according to the present Code it may not be founded;
10) If the ordering part of the judgment is incomprehensible;
(2) A substantive violation of the provisions on criminal procedure shall also exist if:
1) The ordering part of the judgment is self-contradictory or contrary to the reasons for judgment, or the judgment does not contain reasons referring to the relevant facts or if these reasons are incomprehensible or contradictory, or if in regard to relevant facts a contradiction exists between what is referred in the reasoning of the judgment in respect of the contents of certain documents or records of statements given in the proceedings and the documents or records themselves, and this affected a legal and fair adjudication;
2) The court failed to apply or has incorrectly applied a provision of the present Code, thus affecting a legal and fair adjudication.
Violations of the Criminal Code
Article 393
A violation of the Criminal Code shall exist if Criminal Code was violated in respect of:
1) Whether an offense for which the defendant is being prosecuted constitutes a criminal offense;
2) Whether circumstances exist which permanently preclude prosecution of the defendant or not;
3) Whether in respect of the charged criminal offense a law was applied that may not be applied;
4) Whether the decision on criminal sanction or confiscation of material gain or revocation of parole exceeds the legal powers of the court;
5) Whether provisions are violated on calculation of time spent in detention and served sentence, i.e. the ban specified in Article 168, paragraph 2 of the present Code, and also any other form of deprivation of liberty in respect of the criminal offence.
Erroneous or incomplete establishment of fact
Article 394
(1) The judgment may be challenged on the grounds of erroneous or incomplete establishment of fact when the court has determined a relevant fact incorrectly or did not determine it at all.
(2) An incomplete finding of fact also exists when new facts and new evidence indicate so.
Challenging of the decisions on penalty, admonition, security measure, confiscation
of material gain and additional issues of criminal procedure
Article 395
(1) A court decision on penalty may be challenged if such decision does not exceed the legal power (Article 393, item 4), but the court did not correctly determine the penalty in respect to circumstances affecting severity of penalty and because the court applied or failed to apply the provisions on mitigation of penalty, on remittal of penalty, on parole, on revocation of parole or judicial admonition, although there were legal grounds to do so.
(2) A decision on a security measure or confiscation of material gain may be challenged if there is no violation of law referred to in Article 393 paragraph 4 of the present Code, but the court has incorrectly rendered this decision or failed to order a security measure i.e. the confiscation of material gain despite existence of legal grounds.
(3) A decision on costs of the proceedings may be challenged when it is rendered incorrectly or contrary to legal provisions.
(4) A decision on the claim for indemnification and a decision on the public announcement of the judgment in the press, on the radio or television may be challenged if they are rendered contrary to legal provisions.
d) Appellate proceedings
Filing and dismissal of an appeal
Article 396
(1) An appeal shall be filed with the court that rendered the judgment of first instance, in sufficient number of copies for the court, the opposing party, the defense counsel and injured party.
(2) Untimely (Article 410, paragraph 1) or inadmissible (Article 410, paragraph 2) appeal shall be dismissed by the President of the Trial Chamber of the court of first instance by ruling.
(3) The President of the Trial Chamber of the first-instance court shall dismiss an appeal as inadmissible if it was filed only on grounds of the decision on criminal sanction, if the law does not provide for a lenient sentence.
Delivery of an appeal for reply and delivery to the second-instance court
Article 397
(1) If an appeal was not dismissed, the President of the Trial Chamber of the first- instance court shall send a copy of the appeal to the opposing party and the injured party (Articles 193 and 194), who may file a reply to the court within eight days of receiving the appeal.
(2) Immediately upon expiry of the deadline referred to in paragraph 1 of the present Article or after the reception of timely reply to the appeal, the President of the Trial Chamber of the first-instance court shall forward the appeal, the reply to the appeal and all the case-file documents to the second-instance court.
(3) If several appeals or several replies to the appeals have been filed, President of the Trial Chamber of the first-instance court shall immediately upon expiry of the deadline referred to in paragraph 1 of the present Article or after the reception of the last timely reply to the appeal, submit to the second-instance court all the appeals and replies to them, together with all the documents.
Appointing of Reporting judge, examination of the documents of the file and the
possibility for the President of the Trial Chamber to take over the role of Reporting
judge
Article 398
(1) When the file and an appeal are delivered to the second instance-court, the Presiding of the second-instance Trial Chamber shall immediately assign a reporting judge. If a criminal offense subject to public prosecution is involved, the Reporting judge shall deliver the file to the Public Prosecutor of competent jurisdiction, who is required to promptly and not later than eight days, review it and file his motion and return it to the court. The Prosecutor may amend his motion at the session of the chamber.
(2) When the Public Prosecutor returns the file, the President of the Trial Chamber shall schedule the session of the Trial Chamber and notify the Public Prosecutor thereof and the defendant and the defense counsel. The President of the Trial
Chamber shall schedule the session within two months after the Public Prosecutor returns the file to the court at the latest, and in case of proceedings for a criminal offence which is not prosecuted at request of the Public Prosecutor, then within two months after the reception of the file from the first-instance court.
(3) If the President of the Trial Chamber fails to meet the deadlines referred to in paragraph 2 of the present Article, he shall promptly notify the President of the Court, who shall undertake measures to expedite the proceedings.
(4) The Reporting judge may, as appropriate, obtain a report on the violations of criminal procedure provisions from the court of first instance, and may through the same court or through the Investigative Judge of the court in whose jurisdictional territory a particular action should be carried out or the allegations in the appeal regarding new evidence and new facts otherwise checked, or from other authorities or organizations obtain necessary reports or documents.
(5) If the Reporting judge determines that the files contain records and information referred to in Article 209 of the present Code, he shall deliver the files to the court of first instance before the session of the second-instance Trial Chamber is held in order for the President of the Trial Chamber at first instance to render a ruling on their exclusion from the file, and when the ruling becomes final he shall seal them in a separate cover and hand them over to the Investigative Judge for the purpose of safekeeping apart from other files.
(6) If he considers it necessary for reasons of complexity of the subject matter of the appeal or other significant circumstances, the President of the second-instance Trial Chamber shall not appoint the Reporting judge, but shall assume his role and carry out the actions referred to in paragraphs 1, 4 and 5 of the present Article.
(7) In the case referred to in paragraph 6 of the present Article, the President of the Trial Chamber shall directly examine the file before the session of the second- instance Trial Chamber and notify other members of the appeals chamber that they are obligated to examine the file before the beginning of the session and shall, if necessary, provide them with photocopies of the documents so that they could examine them in due time.
Notification on the session and the course of the session of the trial chamber
Article 399
(1) The defendant and his defense counsel, subsidiary prosecutor, private prosecutor or their proxies who, within the term for appeal or for a reply to an appeal, requested that they be notified of the session or moved for holding of trial before a second-instance court (Articles 402 to 403), shall be notified of the Trial Chamber session. The President of the Trial Chamber or the Chamber may decide to notify the parties of the Trial Chamber session even if they have not so requested, or to
notify a party of the Trial Chamber session who has not so requested, if their presence would be of benefit for the clarification of the case.
(2) If the defendant who is in detention or serving a sentence is notified of the Trial Chamber session, the President of the Trial Chamber shall order his presence only if he deems it necessary for clarification of the case.
(3) The session of the Trial Chamber shall begin with the report of the Reporting judge or the President of the Trial Chamber (Article 398, paragraph 6 hereof) on the facts of the case. The Trial Chamber may request from the parties present at the session necessary explanations on the appeal allegations. The parties may propose that certain files be read in order to supplement the report and may, subject to the approval of the President of the Trial Chamber, give necessary explanations of their positions stated in the appeal or the reply to the appeal, without repeating what the report contains.
(4) The session may be held in the absence of the parties who were duly summoned. If the defendant did not report change of residence or domicile to the court, the Trial Chamber session may be held although he was not informed of the session.
(5) The court may exclude the public from the session at which the parties are present only in accordance with the conditions specified in the present Code (Articles 317 to 318).
(6) The records of the Trial Chamber session shall be enclosed with the files of the first and second instance courts.
(7) The rulings referred to in Articles 410, paragraphs 1 and 2 of the present Code may be rendered even without the notification of the parties of the Trial Chamber session.
Rendering of decision at the session of the trial chamber or at the hearing before
the second-instance court
Article 400
(1) The second-instance court shall render a decision either at the session of the Trial Chamber or based on held hearing.
(2) The chamber of the second-instance court shall decide whether to hold a hearing.
(3) If the chamber decides to hold a hearing, the President of the Chamber shall schedule the hearing to commence not later than one month of the day of rendering of the decision specified in paragraph 2 of the present Article.
(4) If the hearing does not commence within the time limit specified in paragraph 3 of the present Article, the President of the Trial Chamber shall notify the President of the Court, who shall undertake necessary measures to commence the hearing without delay.
(5) If the session of the Trial Chamber or hearing before the second-instance court lasts longer than one day, it shall be held, as a rule, on each working day until it is finished.
Hearing before the second-instance court and summoning of particular persons
Article 401
(1) A hearing before a second-instance court shall be held only if it is necessary to examine new evidence or to re-examined previously presented evidence due to appeal because of erroneous or incomplete finding of fact, and if justifiable reasons exist not to refer the case to the court of first instance for retrial, as well as in the case referred to under Article 412, paragraph 5 hereof, if the second-instance court does not adjudicate in the session of the chamber.
(2) The following persons shall be summoned for the hearing before a second- instance court: the defendant and his defense counsel, the prosecutor, the injured person, the legal representatives and proxies of the injured person, of the subsidiary prosecutor and private prosecutor, as well as those witnesses and expert witnesses for whom the court decides that they shall be examined.
(3) If the defendant is in detention, the President of the second-instance Court Chamber shall take necessary steps to have the defendant brought to the hearing.
(4) If the subsidiary prosecutor or the private prosecutor fails to appear at the trial before the second-instance court, the provision of Article 326 paragraph 2 of the present Code shall not be applied.
The course of proceedings before the second-instance court
Article 402
(1) A hearing before a second-instance court shall begin with the report of the Reporting judge or President of the Trial Chamber (Article 398, paragraph 6), who shall present the facts of the case without giving his opinion on whether the appeal is founded.
(2) Upon a motion or ex officio the judgment or part of the judgment to which the appeal relates shall be read and, if appropriate, the record of the trial as well.
(3) Thereafter, the appellant shall be called on to substantiate his appeal and than the opposing party to respond. The defendant and his defense counsel shall always present their arguments the last.
(4) The parties may present new evidence and facts at the hearing.
(5) The prosecutor may, depending on the result of the hearing, withdraw the charge completely or in part or amend the charge to the benefit of the defendant. If the Public Prosecutor completely withdraws the charge, the injured person is entitled to the rights specified in Article 61 of the present Code.
Application of the provisions on trial before the first-instance court
Article 403
Unless otherwise provided in previous articles, the provisions on a trial before court at first instance shall be applied mutatis mutandis to the proceedings before second- instance court, as well.
e) Scope of appellate review
Violation of provisions which are reviewed ex officio
Article 404
A court of second instance shall confine its review of the judgment to the part
which is challenged by the appeal, but the court must always ex officio review:
1) whether there is violation of the criminal procedure provisions referred to in Article 392 paragraph 1 items 1 and 5 through 10 of the present Code, and whether the trial was, in violation of the provisions of the present Code, held in the absence of the defendant, and in the absence of his defense counsel if the defense was mandatory;
2) whether the Criminal Code was violated to the prejudice of the defendant (Article 393).
Limitation of invoking grounds for appeal
Article 405
(1) The violation referred to in Article 392 paragraph 1 item 2 of the present Code may be cited in the appeal only if the appellant was unable to present this violation in the course of the trial or if he presented it but the court at first instance did not take it into account.
(2) The appeal referred to in Article 394, paragraph 2 may be filed only if the appellant proves it probable that at the time of the trial he was not cognisant of the evidence which substantiates the appeal, or that he proposed such evidence to be presented in the trial as soon as he learned about it, but the President of the Trial Chamber denied it.
Ban on Prejudicial Reversal
Article 406
If only an appeal to the benefit of the defendant is filed, the judgment may not be reversed to his prejudice.
Contents of an appeal filed due to incorrect or incomplete finding of fact
Article 407
An appeal on the ground of an erroneous or incomplete determination of the fact or a violation of the Criminal Code filed to the benefit of the defendant shall include an appeal against the decision on a criminal sanction and on the confiscation of pecuniary benefit (Article 393).
The privilege of association of defendants
Article 408
If the court of second instance upon anybody’s appeal, determines that the reasons for which it rendered a decision to the benefit of the defendant are also beneficial to a co-defendant who did not appeal or did not appeal in this respect, it shall proceed ex officio as if such an appeal was filed.
f) Decisions of a court of second instance on appeal
Dismissing, denying or accepting of an appeal
Article 409
(1) A court of second instance may, in the session of the Trial Chamber or on basis of conducted hearing, dismiss an appeal as untimely or inadmissible, or deny an appeal as unfounded and confirm the first instance judgment, or vacate this judgment and refer the case to the court of first instance for retrial, or adjudicate the case in accordance with Article 412, paragraph 5 hereof, or reverse the first instance judgment.
(2) The court of second instance shall decide on all the appeals against the same judgment by single decision.
Dismissal of an appeal as untimely and inadmissible
Article 410
(1) An appeal shall be dismissed by a ruling as untimely if filed after expiry of legal deadline.
(2) An appeal shall be dismissed by a decision as inadmissible, if it was filed by a person who was not authorized to file an appeal or a person who waived the right to appeal, or if an appeal is abandoned or if an appeal was filed again after abandoning, or if an appeal is not allowed pursuant to the present Code.
Denying of an appeal as unfounded
Article 411
The second-instance court shall render a judgment to deny an appeal as unfounded and confirm the judgment of the first-instance court, if it finds that there are no grounds to challenge the judgment and that there are no violations referred to under Article 404 hereof.
Cancellation of first-instance judgment
Article 412
(1) When sustaining an appeal or ex officio, a court of second instance shall cancel first instance judgment by a ruling and remand the case for retrial if it establishes a substantial violation of the criminal procedure provisions, except in cases referred to in Article 414 paragraph 1 of the present Code or if it considers that, for reasons of erroneously or incompletely determined finding of fact, a new trial should be held before the court of first instance.
(2) A court of second instance may order that a new trial before the court at first instance be held before a completely different Trial Chamber.
(3) A court of second instance may only partially annul the judgment at first instance if certain parts of the judgment may be separated without prejudice to correct adjudication, in which case the court shall act pursuant to paragraph 2 of the present Article.
(4) If the defendant is in detention, a court of second instance shall review whether the reasons for detention still exist and render a ruling on extending or vacating detention. This ruling is not subject to appellate review.
(5) If the first-instance judgment was annulled for two times, the second-instance court shall adjudicate the appeal itself either meeting in a session or after a hearing.
Setting aside of the judgment, dismissal of charges and lack of subject-matter
jurisdiction of first-instance court
Article 413
(1) If a court of second instance determines that some of the reasons referred to in Article 296, paragraph 2 of the present Code exist, it shall by a ruling set aside the judgment at first instance and dismiss the charge.
(2) If the court of second instance in reviewing an appeal determines that it has subject matter jurisdiction to adjudicate the case in first instance, it shall set aside the first instance judgment, remand the case to a Trial Chamber of the same court and notify the court of first instance thereof.
(3) If only an appeal to the benefit of the defendant is filed, and it is established that a higher court has jurisdiction over the case in first instance, the first instance judgment may not be vacated for that reason only.
Reversal of first-instance judgment
Article 414
(1) When sustaining an appeal or ex officio, the court of second instance shall reverse the first instance judgment by a judgment if it establishes that the relevant facts were correctly determined in the judgment at first instance and that regarding the finding of fact, and by the correct application of law, a different judgment should be rendered, pursuant to the state of the matter and in the case of violations referred to in Article 392 paragraph 1 paragraphs 5, 7 and 8 of the present Code.
(2) If a court of second instance establishes that legal conditions for pronouncing a judicial admonition are met, it shall reverse the judgment at first instance by a ruling and pronounce a judicial admonition.
(3) If, due to the reversal of the judgment at first instance, conditions are met for ordering i.e. vacating detention on the grounds of Article 174 paragraph 1 item 6 and Article 382 paragraph 2 of the present Code, the court of second instance shall render a separate ruling thereof, which is not subject to appellate review.
Statement of reasons of second-instance court
Article 415
(1) In the statement of reasons for its judgment or for its ruling, the court of second instance shall assess all the references in the appeal and state all the violations of law which it took into account.
(2) When the judgment at first instance is annulled due to substantial violations of the criminal procedure provisions, the statement of reasons shall indicate which provisions were violated and what these violations were (Article 392).
(3) When the judgment at first instance is annulled due to an erroneous or incomplete determination of the fact, the deficiencies in finding of fact shall be stated, i.e. why new evidence and facts are important and affect rendering of a proper decision, and may indicate omissions of the parties which influenced the judgment of the first instance court.
Delivery of the case file and the decisions of the second-instance court
Article 416
(1) The court of second instance shall return all files to the court of first instance, together with sufficient number of certified copies of its decision for forwarding to the parties and other persons concerned.
(2) The court of second instance is required to deliver its decision together with the files to the court at first instance within a term of three months at the latest, and if the defendant is in detention, at the latest within a term of two months from the day of receipt of the files from that court.
New trial before the first-instance court
Article 417
(1) The court at the first instance to which the case was remanded for trial shall proceed on the basis of the previous indictment. If the judgment at first instance was partially vacated, the court of first instance shall proceed on the basis of that part of the indictment to which the vacated part of the judgment relates.
(2) At the new trial the parties may present new facts and new evidence.
(3) The court of first instance shall conduct all procedural actions and debate all contentious issues specified by the court of second instance in its decision.
(4) When rendering a new judgment, the court of first instance shall be bound by the prohibition referred to in Article 406 of the present Code.
(5) If the defendant is in detention, the Trial Chamber of the court at first instance is bound to proceed pursuant to the provision of Article 178 paragraph 2 of the present Code.
2. Appeal against judgment of the court of second instance
Article 418
(1) The judgment of the second-instance court may be appealed with a court at third instance only in the following cases:
1) If the court of second instance has pronounced a penalty of imprisonment to a term of thirty years or more severe penalty or if it has affirmed the judgment at first instance which imposed such a penalty;
2) If the court of second instance on basis of conducted hearing has determined the finding of fact differently from the court at first instance and based its judgment on such finding of fact;
3) If the court of second instance has revised the judgment of acquittal rendered by the court at first instance and rendered a judgment pronouncing the defendant guilty.
4) If the second-instance court rendered a judgment pursuant to Article 412, paragraph 5 hereof.
(2) A court at third instance shall decide on an appeal against the judgment at second instance at a session of the Trial Chamber according to the provisions applicable for second-instance proceedings. A hearing may not be held before this court.
(3) The provisions of Article 408 of the present Code shall be applied to the co¬defendant who was not entitled to appeal the judgment at second instance.
3. Appeal against a ruling
Admissibility of appeal against a ruling
Article 419
(1) Parties and persons whose rights have been violated may appeal a ruling of the Investigative Judge and other rulings of the court of first instance, unless the appeal is not explicitly barred by the present Code.
(2) Unless otherwise stipulated by the present Code, rulings rendered by the Trial Chamber before and in the course of the investigation are not subject to appellate review.
(3) The Investigative Judge shall make a decision against the Ruling on instigating investigation or other rulings of the Public Prosecutor, unless otherwise provided by the present Code.
(4) Rulings rendered for the purpose of preparing the trial and the judgment may be challenged only by appeal against the judgment.
(5) Rulings rendered by the Supreme Court of Serbia are not subject to appellate review, unless otherwise provided by the present Code.
The term for filing an appeal against a ruling and effect of the appeal
Article 420
(1) An appeal is filed with the court, which rendered the ruling within three days of the delivery of the ruling, unless otherwise provided by the present Code.
(2) Unless otherwise envisaged by the present Code, appeal filed against the ruling shall stay the enforcement of the ruling.
Deciding on appeal against a ruling
Article 421
(1) Unless otherwise provided under the present Code, the appeal against a ruling of the first instance court is decided by a second-instance court in session of the chamber.
(2) Unless otherwise provided under the present Code, an appeal against the ruling rendered by Investigative Judge shall be decided by the Trial Chamber of the same court (Article 24 paragraph 6).
(3) When deciding on appeal, the court may by a ruling dismiss the appeal as untimely or inadmissible or deny the appeal as unfounded or may sustain the appeal and revise or annul the ruling and, if necessary, remand the case for retrial.
Application of other provisions
Article 422
(1) The provisions of Articles 388, 390, 396, 398 paragraphs 1, 4 and 5 and Articles 406 and 408 of the present Code shall apply mutatis mutandis to the proceedings on appeal against a ruling.
(2) If an appeal is filed against a ruling referred to in Article 484 of the present Code, the Public Prosecutor shall be notified of the Trial Chamber’s session, and other persons - under the conditions provided in Article 399 of the present Code.
(3) Unless otherwise provided by the present Code, the court shall be obligated to deliver its decision on an appeal together with the files to the court which rendered the ruling not later than thirty days from the day of receipt of the files from that court at the latest.
(4) Unless otherwise provided by the present Code, the provisions of Articles 419 hereof shall apply mutatis mutandis to all other rulings that are rendered pursuant to the present Code.
Appeal against decision of acquittal or conviction or against sentence - national proceedings
EDIT.