Informed withdrawal

Notion(s) Filing Case
Decision on Reopening Appeal - 07.06.2007 STRUGAR Pavle
(IT-01-42-Misc.1)

27. As noted earlier, both parties suggest that a defendant’s withdrawal of his appeal, like a guilty plea, must be informed.[1]  The Appeals Chamber agrees.  Where a defendant has invoked the legal right to appeal and now seeks to abandon this right, the Appeals Chamber should satisfy itself that this abandonment is informed.  In the Decision Accepting Withdrawals, the Appeals Chamber did not explicitly discuss whether Strugar’s withdrawal was an informed one.  The Appeals Chamber will now consider this issue. [See below in “Issues of particular interest”]

[1] Defence Request [confidential Defence Request Seeking the Re-Opening of Appeal Proceedings before the Appeals Chamber, 26 March 2007], para 38; Prosecution Response [Confidential Prosecutions Response to Defence Confidential “Request Seeking the Re-Opening of Appeal Proceedings before the Appeals Chamber” Dated 26 March 2007, 5 April 2007], para. 4.  

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