(1)An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable.
Section history
Section 383 — Stay of execution pending appeal
As in force on 31 December 2021.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed is to be excluded in computing the term of his or her sentence unless the appellate court orders otherwise.
(3)In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor.