Article 182

Where a convicted person has given notice of appeal, no sentence or other order of the trial court shall be executed until the outcome of the appeal has been finally determined. However, where an accused person who had been released on conditions during the trial has been sentenced to a term of imprisonment of more than three months, the trial court shall order his detention or make any other appropriate order to secure his attendance to the appellate court.

A person who has been found guilty and sentenced by a trial Court, but who has been detained pursuant to Article 69 or under sub-Article (1), may apply for release pending appeal according to the provisions of Article 70.

Where an accused person is released on conditions pending his appeal, a sentence of imprisonment shall not commence until the Court of appeal delivers judgment.

Where an accused person who during the trial had been ordered to be detained according to the provisions of Article 85 or was under any other obligation under Article 70 has been acquitted by the trial court and the public prosecutor appeals against the acquittal, the appellate court shall decide anew whether the detainee shall be detained until the completion of the appeal, released with or without conditions, or make any other decision that the appellate court deems necessary. The appellate court shall give reasons for its decision and in making such decision, the appellate court shall consider:

seriousness of the charge against the acquitted person;

the weight of the evidence presented against the accused person;

the prospect of reversal of the trial court’s decision; and

any other relevant factor deemed appropriate by the appellate court.

Except where the appellate Court is the Supreme Court, the decision of an appellate Court pursuant to sub-Article (4) shall constitute ground for an interlocutory appeal.

The decisions of an appellate Court pursuant to sub-Articles (1) – (4) shall also apply if a second appeal has been made against the final judgment of the first appellate Court.