Rechtsbibliotheek en dossieranalyse · Oostenrijk · België · Europese Unie
LAWxPERT Aanmelden Gratis account

S.L. 220.4 · Rules Of Procedure (S.L. 220.4)

S.L. 220.4 Art. 97Petitions.

Van krachtOfficiële tekst

(1) If an accused who has been sentenced by a court-martial or who has been found by a court-martial to be unfit to stand trial or to be not guilty by reason of insanity wishes to petition before confirmation against the finding or sentence or both, he shall present a petition to the confirming officer in the appropriate form set out in the Seventh Schedule.

(2) If an accused who has been sentenced by a court-martial or who has been found by a court-martial to be unfit to stand trial or to be not guilty by reason of insanity wishes to petition after promulgation against the finding so as to be able to exercise the rights conferred on him by article 117 of the Act if his petition is rejected, he shall present a petition (hereinafter referred to as an "appeal petition") in the appropriate form set out in the Seventh Schedule, within the periods specified in article 117(3) of the Act.

(3) If an accused who has been sentenced by court-martial or who has been found by a court-martial to be unfit to stand his trial or to be not guilty by reason of insanity wishes to petition after promulgation against the finding otherwise than by means of an appeal petition, he shall present the petition to a reviewing authority at any time within six months of promulgation in the appropriate form set out in the Seventh Schedule.

(4) If an accused who has been sentenced by court-martial wishes to petition after promulgation against the sentence, he shall present a petition to a reviewing authority or an officer authorised to reconsider a sentence of a court-martial under article 115 of the Act at any time within six months of promulgation in the appropriate form set out in the Seventh Schedule.

(5) An appeal petition or a petition under sub-rule (3) or (4) which is presented to the person under whose immediate jurisdiction the petitioner is at the time shall be treated as having been presented to the authority to whom the petition is addressed.

Miscellaneous provisions