Imposition of sentence after re-trial

Notion(s) Filing Case
Appeal Judgement I - 29.08.2008 MUVUNYI Tharcisse

The Appeals Chamber also held that:

170. […] [G]iven that the order for retrial originated in the appeal by Muvunyi, the Appeals Chamber considers that the principle of fairness[1] demands that in the event that a new Trial Chamber was to enter a conviction for the respective charge, any sentence could not exceed the twenty-five years of imprisonment imposed by the first Trial Chamber.

[1] In some jurisdictions also specifically referred to as prohibition of reformatio in peius, meaning that a court solely seized of an appeal lodged by the accused cannot increase the sentence. See for instance for the United Kingdom: Criminal Appeal Act of 1968, Schedule 2, Section 2(1); Germany: Strafprozeßordnung (Code of Criminal Procedure), Sections 331 and 358(2); Austria: Strafprozeßordnung (Code of Criminal Procedure), Sections 290(2) and 293(3); Denmark: Retsplejeloven, Fjerde bog, Strafferetsplejen (Administration of Justice Act, Fourth Chapter, Criminal Proceedings), Sections 960(3)(2) and 965a(2).

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