Book II: Trial Courts

In the event of an appeal by one of the parties within the above time limits, the other parties have a further five days in which to lodge an appeal.

Unless it occurs less than two months before the date of the hearing before the court of appeal, the withdrawal by the accused or the civil party of his principal appeal shall result in the lapse of the cross-appeals, including that of the public prosecutor if such withdrawal occurs in the form provided for the statement of appeal. A cross-appeal is an appeal lodged within the period provided for in…

When the court rules on an application for release in accordance with articles 148-1 and 148-2 as well as when it rules on an application to release or modify a judicial supervision order or house arrest with electronic surveillance, the appeal must be lodged within twenty-four hours.

The statement of appeal must be made to the registrar of the court that handed down the contested decision. The statement shall indicate whether the appeal concerns the decision on the public prosecution or the decision on the civil action or both decisions. If the appeal relates to the decision on the public prosecution, the statement shall indicate whether it relates to the decision as a whole or whether it…

Where the appellant is detained, the appeal may be made by means of a declaration to the head of the prison. This declaration shall be recorded, dated and signed by the head of the prison. It shall also be signed by the appellant; if the appellant is unable to sign, this shall be noted by the head of the establishment. The original or a copy of this document shall be…

When he is free, an accused person who lodges an appeal must declare his personal address. He may, however, substitute the address of a third party responsible for receiving the summonses, rectifications and notifications intended for him if he produces the latter’s agreement. This declaration shall be made by the defendant’s lawyer if it is the defendant who is lodging the appeal. Failing such a declaration, the defendant’s declared address…

A petition containing the grounds of appeal may be submitted within the time limits laid down for the statement of appeal to the court registry; it shall be signed by the appellant or by a lawyer registered with a bar association or by a special proxy. The application, together with the exhibits to the proceedings, shall be sent by the public prosecutor to the public prosecutor’s office of the court…

In the event of a sentencing judgment, the Public Prosecutor may also lodge his appeal within twenty days of the day on which the decision is handed down. Without prejudice to the application of articles 498 to 500, the other parties then have a period of five days to lodge a cross-appeal. Even in the absence of a cross-appeal, the court of appeal may, in the event of an appeal…

Where an appeal is lodged after expiry of the time limits provided for in articles 498, 500 or 505, where the appeal has become devoid of purpose, where it was lodged without complying with the formalities provided for in Article 502 or that it has been lodged outside the cases mentioned in article 546 or where the appellant has withdrawn his appeal, the president of the Criminal Appeals Chamber shall,…

During the time limits for appeal and during the appeal proceedings, enforcement of the judgment shall be stayed, subject to the provisions of Articles 464 (second and third paragraphs), 464-1,464-2,471,507,508and 708.