Criminal Code (Cap. 9), article 416

416. (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 de sires to enter an appeal agains t the judgment, obtain from the inferior court a stay of execution of the judgment, provided he gives sufficient security in terms of art icle 577(1) to appear at the proceedin gs before the superior court w hen called upon by such court; and in such case the provisions contained in articles 579, 581, 583, 585, 586 and 587 shall app ly. (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 t hat party was on bail as provided in Title IV of Part II of Book Se cond of this Code the conditions attach ing to that bail, including t he mode of security and the sum or equivalent pledge, if any, spec ified in the bail bond, shall continue to apply in addition to the se curity required under sub-article (1) u pon obtaining a stay of executi on 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. Security.(2) The amount of the security shall be fixed by the inferior court, in accordance w ith the rules set out in articles 576 and 584: Provided that where only a pecuniary penalty has been awarded, the amount of the secur ity shall be equ al to the amoun t of the penalty, and in such case th e court may require that the se curity 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 b e required except on the demand of the prosecution and on good cause being shown to the satisf action 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. Appeal by party convicted when in custody. (3) A declaration of appeal shall stay the execution of the judgment in regard to the party convicted who is in custody, an d such party may obtain, during the time allowed for entering the appeal and during the hearing of the appeal, his temporary rele ase in cases where bail may be granted under the provisions contain ed in Title IV of Part II of B ook Second of this Code. (3A) The failure to make a declar ation of appeal as provided in sub-article (3) shall not preclude the party convicted from appealing the judgement provided that such appeal is filed with in the time allowed for entering such appeal. Appeal by Attorney General or complainant not to stay execution of judgment. (4) In no case shall the appeal e ntered by the Attorney General or by the complainant operate as a stay of execution of the judgment. Default of party appealing to give security. (5) If the party convicted, after making the declaration that he desires to enter an appeal, fail s to give security as provided in the preceding sub-articles of this a rticle, he shall be kept in cus tody until he gives security, or, otherwise, until the determination of the appeal. 278 CAP . 9.] CRIMINAL CODE Form of and time for entering appeal. Added by: XI.1900.70. Amended by: I.1903.26; VIII.1909.45; VI.1947.12; XII.1957.17; L.N. 46 of 1965; XXV .1967.3; LVIII.1974.68; XXVII.1975.40; VIII.1990.3; VI.2001.2; I.2018 .22; V .2022.12.