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The Post Trial Proceedings

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Chapter Summary

The Rome Statute and the Rules of Procedure and Evidence provide for the right of appeal as well as for review proceedings. The right of appeal at the International Criminal Court (ICC) is recognized to both, the Prosecution and the defence. The right of appeal is recognized against decision of acquittal, of conviction, or against the sentence. Under Article 84 of the Statute, the convicted person, his representatives, or the Prosecutor on the person's behalf, may apply to for a revision of a final judgement of conviction or sentence, when a new fact is discovered which was not known to the party seeking the revision at the time of the trial or the appeal. In national legal systems where a procedure of revision exists it is rarely being used by the defence and considered to be an irregular remedy of the Court.

Keywords: International Criminal Court (ICC); Prosecution; review proceedings; Rules of Procedure and Evidence; trial proceedings



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