Article 84 Revision of conviction or sentence

Geldend

Documentgegevens:

Geldend vanaf 01-07-2002

Redactionele toelichting: Herplaatsing van het Statuut van 17-07-1998, Trb. 1999, 13.
Bronpublicatie:: 17-07-1998, Trb. 2000, 120 (uitgifte: 17-10-2000, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2002
Bronpublicatie inwerkingtreding:: 26-07-2002, Trb. 2002, 135 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Rechtshandhaving
Internationaal strafrecht / Internationale tribunalen

1.

The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:

a)

New evidence has been discovered that:

(i): Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii): Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;

b)

It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;

c)

One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.

2.

The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

a): Reconvene the original Trial Chamber;
b): Constitute a new Trial Chamber; or
c): Retain jurisdiction over the matter,

with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.