Cap. 9 чл. 416Stay of execution of judgment on appeal by party convicted when not in custody.

(1) The party convicted who is not in custody for the offence of which he has been convicted may, on making, even orally, a declaration that he desires to enter an appeal against the judgment, obtain from the inferior court a stay of execution of the judgment, provided he gives sufficient security in terms of article

577(1) to appear at the proceedings before the superior court when called upon by such court; and in such case the provisions contained in articles 579, 581, 583, 585, 586 and 587 shall apply.

(1A) Where the party convicted who is not in custody for the offence of which that party has been convicted is sentenced to imprisonment or detention and immediately prior to conviction that party was on bail as provided in Title IV of Part II of Book Second of this Code the conditions attaching to that bail, including the mode of security and the sum or equivalent pledge, if any, specified in the bail bond, shall continue to apply in addition to the security required under sub-article (1) upon obtaining a stay of execution of the judgement as provided in that sub-article either until the lapse of the time for the filing of the appeal if no appeal is filed or if otherwise until the determination of the appeal.

(2) The amount of the security shall be fixed by the inferior court, in accordance with the rules set out in articles 576 and 584: Provided that where only a pecuniary penalty has been awarded, the amount of the security shall be equal to the amount of the penalty, and in such case the court may require that the security shall be either in the form of a deposit of a sum equal to the said amount or in the form of a bank guarantee, made out to its satisfaction, for the said amount; but the security shall not be required except on the demand of the prosecution and on good cause being shown to the satisfaction of the court. In any such case, the security shall be ordered by the inferior court, during the time allowed for entering the appeal, or by the superior court after the entering thereof.

(3) A declaration of appeal shall stay the execution of the judgment in regard to the party convicted who is in custody, and such party may obtain, during the time allowed for entering the appeal and during the hearing of the appeal, his temporary release in cases where bail may be granted under the provisions contained in Title IV of Part II of Book Second of this Code.

(3A) The failure to make a declaration of appeal as provided in sub-article (3) shall not preclude the party convicted from appealing the judgement provided that such appeal is filed within the time allowed for entering such appeal.

(4) In no case shall the appeal entered by the Attorney General or by the complainant operate as a stay of execution of the judgment.

(5) If the party convicted, after making the declaration that he desires to enter an appeal, fails to give security as provided in the preceding sub-articles of this article, he shall be kept in custody until he gives security, or, otherwise, until the determination of the appeal.