Chapter IX: Appeals against first instance decisions of the Assize Court

The judgments of conviction handed down by the assize court at first instance may be appealed against under the conditions laid down in this chapter. This appeal shall be brought before another assize court, which shall re-examine the case in the manner and under the conditions provided for in Chapters II to VIII of this Title.

The right to appeal belongs: 1° To the accused; 2° To the public prosecutor; 3° To the person civilly liable, as regards his civil interests; 4° To the civil party, as regards his civil interests; 5° In the event of an appeal by the public prosecutor, to the public authorities, in cases where they are exercising the public prosecution. The public prosecutor may also appeal against judgments of acquittal.

The appeal lodged by the accused or the prosecution may state that it does not contest the answers given by the assize court on guilt and that it is limited to the decision on sentence. In this case, only witnesses and experts whose testimony is necessary to enlighten the assessors and jurors about the facts committed and the personality of the accused shall be heard before the assize court ruling…

Even if it has not lodged an appeal, the civil party is notified by any means of the date on which the case is due to be heard.

The assize court ruling on appeal on the public prosecution may not, on the sole appeal of the accused, aggravate the latter’s fate.

The accused must appear before the assize court ruling on the appeal of the public prosecution within one year from either the appeal, if the accused is detained, or the date on which the accused was subsequently remanded in custody pursuant to the decision handed down at first instance. However, if the hearing on the merits of the case cannot be held before the expiry of this period, the president…

During the time limits for appeal and during the appeal proceedings, enforcement of the judgment on the public prosecution is stayed. However, the judgment of the Assize Court shall continue to have effect against the person sentenced to a custodial sentence in accordance with the provisions of the second paragraph of Article 367.

Where the Assize Court is not seised of the appeal against the judgment handed down on the public prosecution, the appeal lodged by a party against the judgment handed down on the civil action alone shall be brought before the Criminal Appeals Chamber. The articles 380-14 and 380-15 are not applicable.

The assize court ruling on appeal on the civil action may not, on the sole appeal of the accused, the civilly liable person or the civil party, aggravate the fate of the appellant. The civil party may not, on appeal, make any new claim; however, it may request an increase in damages for loss suffered since the first decision. Even where no appeal has been lodged against the decision on…

During the time limits for appeal and during the appeal proceedings, enforcement of the judgment on the civil action shall be stayed, subject to the provisions of article 374.