Appeal

Liechtenstein

Liechtenstein - Criminal Procedure Code 1988 (2017) EN

§ 214

1) Immediately after the judgment has been rendered, it shall be

announced by the presiding judge in the public hearing before the

assembled court in the presence of the parties, giving a brief summary of

the rationales and referring to the provisions of the law that have been

applied; and the defendant shall be instructed on his rights to appeal.

2) It shall be pointed out in such instruction that the appeal must be

lodged either orally on the court record or by written submission (§ 222).

This instruction shall be documented in the trial record.

3) If an incorrect time-limit for appeal has been stated and if this is

longer than the legal one, the time-limit shall be considered complied

with during such longer term; if a shorter term has been stated, the legal

time-limit for lodging the appeal shall apply; if there has not been an

instruction on the lodging of appeal, the term for lodging an appeal could

not start running at all.

4) If the instruction stated not the competent court but another court

or another office to be the correct addressee for lodging an appeal, the

time-limit for lodging an appeal shall be considered complied with even

if the appeal has been lodged with such incorrect office. However, the

incorrect office shall forward the lodging of the appeal to the competent

court ex officio.

Title XV

Resorts to higher courts

I. Appeal

§ 218

1) Every judgment rendered by the Criminal Tribunal shall be subject

to appeal (Berufung) to the Court of Appeal unless the right to such appeal

has been waived.1

§ 272

An offender convicted in a final way may demand the reopening of

proceedings even if the penalty has been executed:

1. if it is demonstrated that his conviction has been effected through the

forging of a document or through false testimony or through bribery

or through any other punishable act of a third party;

2. if he provides new facts or evidence which alone or in connection

with the evidence ascertained earlier seem suitable to justify the

acquittal of the accused or his conviction for an act subsumed under a

less severe provision of the Criminal Code, or if

3. two or more persons have been convicted by different decisions for

the same offence and a comparison of these decisions and their 312.0 Code of Criminal Procedure (StPO)

Rome Statute

Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case

6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.

Article 81 Appeal against decision of acquittal or conviction or against sentence

1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:

(a) The Prosecutor may make an appeal on any of the following grounds:

(i) Procedural error,

(ii) Error of fact, or

(iii) Error of law;

(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:

(i) Procedural error,

(ii) Error of fact,

(iii) Error of law, or

(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.

2.

(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;

(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;

(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).

3.

(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;

(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;

(c) In case of an acquittal, the accused shall be released immediately, subject to the following:

(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;

(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.

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.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.