Denial of motion for acquittal

Notion(s) Filing Case
Decision on Denial of Judgement of Acquittal - 11.12.2012 KARADŽIĆ Radovan

6. Neither the Rules of Procedure and Evidence of the Tribunal […]] nor the Statute specify the standard by which the Appeals Chamber is to review the denial of a motion for acquittal under Rule 98 bis of the Rules. However, in previous rulings on interlocutory appeals from decisions on Rule 98 bis motions, the Appeals Chamber has reviewed trial chambers’ legal conclusions to determine whether the trial chamber committed errors of law.[1] Accordingly, the Appeals Chamber will review, as relevant, the Impugned Decision to determine whether the Trial Chamber committed an “error on a question of law invalidating [its] decision”.[2]

[1] See Prosecutor v. Enver Hadžihasanović and Amir Kubura, Case No. IT-01-47-AR73.3, Decision on Joint Defence Interlocutory Appeal of Trial Chamber Decision on Rule 98bis Motions for Acquittal, 11 March 2005, para. 15; Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-A, Decision on Interlocutory Appeal, 19 March 2004, paras 5-10. Cf. The Prosecutor v. Tharcisse Muvunyi, Case No. ICTR-2000-55A-AR98bis, Decision on Appeal of Decision Denying the Motion for Judgement of Acquittal, 11 November 2009, paras 9-14.

[2] Statute, Article 25(1). See also Prosecutor v. Ante Gotovina and Mladen Markač, Case No. IT-06-90-A, Judgement, 16 November 2012, para. 10.

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ICTR Rule Rule 98 bis ICTY Rule Rule 98 bis