Court of appeal in a criminal case. The term and procedure for appealing a court verdict in criminal proceedings. Who can appeal a court decision

A selection of the most important documents upon request Time limit for consideration of an appeal in a criminal case(regulatory acts, forms, articles, expert consultations and much more).

Articles, comments, answers to questions

Based on the provisions of Part 4 of Article 255 of the Code of Criminal Procedure of the Russian Federation in conjunction with Art. 105.1 and part 11 of Article 108 of the Code of Criminal Procedure of the Russian Federation, the reduced deadlines for filing and considering appeals and submissions against decisions on the selection of these preventive measures and on the extension of their validity period also apply to cases when they are adopted after the criminal case has been received by the court for consideration on the merits.

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The scientist’s fears that the criminal case will be sent to the appellate court with a “short” complaint, since the parties, in the absence of a protocol, were unable to substantiate their arguments in a timely manner, seem somewhat exaggerated. In such a situation, the presiding judge will either decide to leave the complaint without progress and provide additional time to bring it into compliance with the requirements of the law, or, when signing the complaint to a higher court, indicate that the deadline has not been missed. Otherwise, the criminal case on appeal will be withdrawn from consideration and returned to the same court, which is a negative indicator in the work of the trial court.

Regulatory acts: Time limit for consideration of an appeal in a criminal case

4. If the appeal or presentation does not comply with the requirements established by parts one, one.1 and second of this article, which prevents the consideration of the criminal case, the appeal or presentation is returned by the judge, who sets a deadline for their re-drafting. If the judge’s requirements are not met and the appeal or presentation is not received within the time limit set by the judge, they are considered not filed. In this case, the verdict or other appealed court decision is considered to have entered into legal force.

Based on the provisions of Part 4 of Article 255 of the Code of Criminal Procedure of the Russian Federation in conjunction with Part 3 of Article 107 and Part 11 of Article 108 of the Code of Criminal Procedure of the Russian Federation, the reduced deadlines for filing and considering appeals and submissions against decisions on the selection of these preventive measures and on the extension of their validity period also apply to cases when they are accepted after the criminal case has been submitted to the court for consideration on the merits.

The Constitution of the Russian Federation provides for any convicted citizen the right to have the case reviewed. It is already being considered by a higher court. Upon completion of the review, the decision may be set aside or reduced. In order for the protest to be successful, you will need to file a competent appeal.

Legislative framework

Until 2013, those convicted in criminal proceedings could only challenge the court’s verdict through cassation proceedings. Such cases were rarely reviewed, and the process itself took a lot of time. The situation of persons convicted in criminal proceedings improved significantly after January 1, 2013, when Law No. 433-FZ came into force.

It allows an appeal on appeal against any sentence passed by the court of first instance. But the law applies only if the decision has not yet entered into force. According to Federal Law No. 433, you can appeal not only the verdict, but also interim decisions.

The law limits the circle of persons who are allowed to file a complaint. These include:

• participants in the trial (both the prosecutor and the accused or convicted person in the case, his lawyer);
• persons whose rights and personal interests were in any way affected by the court decision.

Grounds and deadlines for filing an appeal in a criminal case

To appeal a previously passed sentence, you must have good reasons, which often include the following:

• discrepancy between the materials and facts of the case and the decision made by the judge;
• the presence of a number of significant violations during the investigation or court hearing;
• errors in the application of the laws of the Criminal Code (illegal application of certain articles and their parts, which can lead to both a more severe sentence and its mitigation);
• unfair sentence - both more lenient and more severe.

The article that determines the deadlines for filing a complaint for an appeal is 389.4 of the Code of Criminal Procedure of the Russian Federation, namely part 1. It states that the necessary papers are drawn up and submitted no later than 10 days from the moment the verdict was announced in court. Convicted and detained persons can count this period from the moment when they were given a copy of the verdict.

If the filing deadline is missed, you can challenge the decision in cassation or try to restore the deadline by filing a corresponding petition to extend the deadline. It is filed only if the person has a valid reason that led to the failure to comply with the time frame allocated for the appeal. This reason is:

• illness (often if the person was treated in a hospital);
• business trip to another city, region or country;
• failure to comply with the deadlines for delivering a copy of the decision (for example, if the court did not send the document for a long time or it was delivered by mail with a significant delay);
• other emergency circumstances.

When drawing up and submitting a petition, you must support your words with relevant documents. For example, if we are talking about illness, provide a sick leave certificate, and if the reason is related to a business trip, provide a copy of the order.

Where to submit?

Before filing a complaint, you should find out where exactly the complaint should be filed. This information must be indicated in the header of the document. It will depend on where exactly the case was considered earlier:

• the verdict of the magistrate is appealed to the district court;
• the second instance for the district court will be the Supreme Court of the republic, territory or region, district;
• for garrison ships - naval military court;
• if the Supreme Court was in charge of the review, the decision is reviewed exclusively by the appeal panel of the Supreme Court.

The application is submitted through the court where the verdict was pronounced. The reason is that all materials are stored precisely in the court of first instance, and according to the law they cannot be reclaimed from there before the period specified in the law. Upon completion, the complaint and case materials are transferred to the court of second instance.

How to file a complaint?

The document must be prepared in writing.

The complaint must contain the following information:

• Information about the court where the paper is being filed, including its address.
• Compiler's details – full name, address, contact number.
• Information about the contested decision - the case number, the date of the verdict and its number must be indicated.
• Grounds for changing the decision, its full or partial cancellation. In this part you need:

- refer to the relevant laws and articles that give the right to review the case;

- list the arguments in favor of reconsidering the case and support them with evidence that either requires a mitigation of the punishment or the return of the case to the prosecutor.

List of documents attached to the complaint. This may include additional facts that confirm the presence of new facts and circumstances in the case, new witnesses, or copies of the complaint.

Date of compilation and signature of the compiler.

The completed paper is submitted either in person to the office of the trial court, where it must be registered, or sent by mail. It is important to choose registered mail when sending so that the complaint does not get lost, and you have evidence that you actually sent the document. Then the filing date is considered to be the date on the envelope stamp.

Short complaint form

It is necessary to file an appeal within a very short period of time, and it is not always possible to quickly find suitable arguments and evidence for a successful review of the case, so filing a short or preliminary appeal has recently become the practice. This allows you to buy time necessary to find evidence and other circumstances that may help mitigate the sentence.

The document is drawn up similarly to a standard full complaint, but with one significant difference - in the main text of the document it is necessary to simply refer to the fact that the applicant does not agree with the verdict, indicating that:

• the judge’s conclusions do not coincide with the actual circumstances of the case;
• the accused has excellent characteristics from his place of work and has not been involved before.
• there are other circumstances that indicate that the sentence imposed is unnecessarily harsh and does not correspond to reality.

In general, you can indicate any more or less acceptable reason. It is important not so much to convince the court that you are right, but to gain time to find the necessary evidence. The fact is that the court will not accept the short form because it contradicts the correct form. Thus, the complaint will be returned with an indication that, within the allotted period, all errors must be corrected and resubmitted.

State duty

Criminal proceedings do not require the payment of state fees. This applies not only to the situation when the case is being considered for the first time, but also if we are talking about revising a previously made decision. Therefore, you do not need to include copies of your receipt with your complaint.

The procedure for considering an appeal in a criminal case

The following persons must be present during the examination:

• prosecutor or other public prosecutor;
• a convicted citizen (if a complaint is filed by the prosecution, an acquitted person);
• private prosecutor;
• lawyer or other human rights activist.

If a representative of the person who filed the complaint or the prosecutor misses a court hearing without a valid reason, the appeal proceedings are terminated. A cassation review is possible in the future if all legal norms and requirements for filing a complaint are met.

If all persons are present, the protest takes place in the following sequence:

• The court where the case was heard receives the complaint. The judge is obliged to familiarize himself with it and make a decision on transferring the paper and case materials to a higher-level authority.
• After the case is transferred to a higher judicial body, the materials are reviewed, and the judge makes a decision, which states:

— date of review of the case, indicating the exact time and place;

— a decision to summon the parties, witnesses, experts and other persons specified in the petition of the participating parties to the meeting;

— whether the meeting will be open or closed;

The court notifies the participants in the process of the existence of an appeal, indicating the time period during which the second party - the participant in the process - can file either a counter-complaint or submit its objections in writing. In the future, they are attached to the case and considered together with the complaint.

A notice is sent to all participants about the place and date of the new court hearing. It is important that all parties involved must receive notice at least 7 days before the date on which the case is scheduled. Otherwise, the meeting date may be postponed.

The next step will be a hearing. First, the number of the case under review and the previously passed sentence are read out, and the complaint and the demands set out in it are voiced. After the consideration of the evidence provided begins, the judge can hear witnesses, if any, and give the floor to the parties to the trial.

At the end of the hearing, a decision is made by the appellate court. It could be like this:

- leave the sentence unchanged;

- change the verdict rendered by the court;

- announce a new verdict;

- return the case to the prosecutor for additional investigation.

So, a court verdict in a criminal case is subject to challenge in a higher authority. To do this, it is important to write the appeal statement correctly and have time to submit it before the expiration of the ten-day period. This can be done both by persons who participated earlier in the process, and by citizens who were not direct participants in the trial, but the decision made in some way affected their rights or interests.

sovetadvokatov.ru

Any legal process ends with a decision. A meeting held as part of a criminal case is not an exception here. The court verdict can be either acquittal or guilty. Such results sometimes do not suit one of the parties. In these cases, any of the interested parties can file a cassation appeal. The essence of such a petition is the desire to annul or significantly change the decision made.

Sentence in a criminal case

The court's consideration of material on the commission of a crime provided for in the articles of the Criminal Code of the Russian Federation may result in the issuance of a decision with the following content:

1. Bringing the culprit to justice. IN in this case The measures specified in the Criminal Code are applied to the person. It all depends on the type of crime committed and the severity of the consequences. For these purposes, the current legislation defines the upper and lower limits of punishments, as well as their types. If there are mitigating circumstances in a person’s actions, the court may apply a more lenient measure than provided by law. In this situation, we are talking about reducing the established minimum limit. If the defendant’s actions are classified under several articles, then the punishment will be imposed by partial addition of measures or the absorption of a less severe one by a more severe one.
2. Complete acquittal of the accused. In this case, all suspicions are removed from the person, and the case is closed.
3. Sending materials for revision. This happens if the court has established violations of the requirements of the current legislation committed during investigative measures.

Regardless of the outcome, either party may file a motion to quash the decision.

Right to appeal

An appeal occurs when someone is not satisfied with the outcome of a case.

The grounds for sending an application for review of a decision are:

1. The discrepancy between the circumstances of the case and the final verdict of the court. In this case, there are incorrect conclusions that are not supported by the evidence base; essential circumstances are not taken into account; not all information and data were assessed, and this was not reflected in the decision; the conclusion reached contains contradictions.
2. Gross non-compliance with the norms of criminal procedure. In this case, the case was not dismissed when there were grounds for it; the defendant himself or his representatives were absent from the hearing; information and data were used that cannot serve as evidence; There was no record of the proceedings or other necessary documentation.
3. The actions of the accused were classified incorrectly, and the article of the Criminal Code was applied erroneously.

Also, the right to appeal arises if the sentence was passed in accordance with the requirements of the law, but one of the parties considers the punishment too lenient or harsh.

Cassation instance

General regulatory legal acts, in particular, the Code of Criminal Procedure defines the authorities where an interested party can file a cassation appeal. Unlike an appeal, for which a fairly large list of instances is defined, for cassation this is the court. This is enshrined in Chapter 47.1 of the Code of Criminal Procedure of the Russian Federation.

In a criminal case, an interested person can appeal to the regional court. In this instance, the verdict of the district court can be annulled.

A cassation appeal can also be sent to the collegium of the Supreme Court of the Russian Federation. There, sentences of district courts are reviewed if they have passed the stage of appeal to regional courts, as well as decisions made by the latter.

Who can submit a petition

The circle of participants in the criminal process is quite wide and includes the victim, the accused, witnesses in the case, experts, the public prosecutor, and legal representatives of the parties. However, not everyone has the right to file a cassation.

Such persons, according to Article 401.2 of the Criminal Procedure Code of the Russian Federation, include:

1. The defendant himself. In this case, it does not matter whether the person was convicted or acquitted.
2. His legal representatives.
3. The victim or his representatives. If a person died or passed away naturally as a result of a crime, his relatives or family members can file a complaint.
4. State or private prosecutor.
5. Civil plaintiff, defendant, as well as their legal representatives, insofar as they relate to claims of this nature.
6. Prosecutor General.

Other persons whose interests and rights are affected by the criminal case can also file a complaint.

Submission deadlines

Main Article 47.1 of the Code of Criminal Procedure of the Russian Federation does not establish a clear time period for referral cassation appeal. The period for any appeal begins from the date of the verdict. However, in the case of cassation, such time is actually unlimited.

The exception is when the review occurs due to circumstances that worsen the situation of the convicted person, acquitted, in respect of whom the criminal case has been terminated. In this situation, the period for filing a cassation appeal is twelve actual months from the date of entry into force of the verdict.

Cassation appeal

The text must reflect all information that will reveal the essence of the complaint. All requirements must be clearly formulated so that the essence of the appeal is clear to the court. You must also provide mandatory details.

The document itself can be delivered in person, through a legal representative, or sent by mail. The last option is not the most reliable, since in this case you can miss the established deadlines for appeal. Most often, a petition of this content is submitted during the hearing, and the appeal is subsequently submitted in person. It would be useful to attach existing documentation to the complaint, for example, an interim court verdict.

Design rules

To ensure that the complaint is not left unsatisfied, the text must indicate the following:

1. Full name of the court to which the appeal is sent. The address of the location is also indicated.
2. Information about the initiator of the appeal - full last name, first name, patronymic, procedural status, that is, who the person is, for example, a victim, accused or civil plaintiff. You must indicate the address of your place of residence or actual location.
3. Information about the verdict that is being appealed - the place and date of its delivery, as well as the court that made the decision.
4. Information about the courts in which the criminal case was initially heard, an appeal or cassation was filed. Here it is necessary to reflect the essence of the decisions made.
5. The initiator's justification for his position. This paragraph indicates which norms were violated, evidence not taken into account, uninterrogated witnesses and experts, as well as the rationale for disagreement with the imposed punishment.
6. List of documentation attached to the complaint.

The completed document is signed by the person who prepared it. The person must also date the complaint.

The initiator of the appeal is obliged to reflect in the text exactly what violations were committed during the investigation, consideration of the case and sentencing. It is necessary to describe the current situation in detail, indicate which evidence was taken into account and which was not. It would be correct to indicate the circle of witnesses who have information related to the essence of the case under consideration. It is necessary to demand that they be summoned to court for further questioning. This also applies to competent specialists in the field of examination. If at the initial meeting certain evidence was not taken into account due to its absence, then it is necessary to write the reason for the impossibility of providing such information and data.

When a person who was not directly involved in the process makes a complaint, he must indicate exactly what opportunities were limited.

If the initiator’s appeal was drawn up in violation of the requirements of the current legislation, which make it impossible to consider it, the document is returned by the court, which sets a deadline for eliminating inaccuracies and correcting errors. This requirement must be met without fail. Otherwise, it will be considered that the complaint was not sent and the verdict will remain unchanged.

Result of consideration

All proceedings upon filing a cassation end with certain results. They are specified in article 401.14 of the Code of Criminal Procedure of the Russian Federation.

1. Leaving the complaint unsatisfied.
2. Cancellation of the verdict and termination of the criminal proceedings.
3. Sending materials for a new trial or transferring them to the prosecutor for the purpose of analysis and legal assessment.
4. Cancellation of appeal.
5. Cancellation of the cassation decision.

In the conclusion, the court is obliged to reflect one of the reasons for annulment or change of the sentence, specified in Article 401.15 of the Code of Criminal Procedure of the Russian Federation. The decision made is signed by the entire composition of the court, and the resolution is signed by the chairman of the presidium. The specified document is attached to the materials of the criminal case.

pravograjdan.ru

Cassation appeal in a criminal case

A cassation appeal in a criminal case, based on current legislation, can be filed in case of disagreement with the decision of the court of the first and second order. It can be sent by citizens who are involved in the final verdict, but only in those points that are directly involved with this person. In general, only convicted, injured, acquitted people, as well as the prosecutor, can challenge a case. In sections that affect the interests of third parties involved in the verdict, a civil plaintiff or defendant may participate.

You need to know that filing a cassation appeal is appropriate only when the decision made by the 1st and 2nd order departments was unlawful, that is, when studying the case, the regulations of the current code were not followed. In fact, the situation will not be considered again, the court will only review the documents and announce a verdict on the legality of the actions of the 2nd instance, whether they were violated during the consideration.

Where to write a cassation appeal in a criminal case?

The verdict of the department (regardless of district, regional, etc.) of the second and third order, the military court that acted, is disputed in the presidium of the authority assigned to a certain region of your registration. For example, if a criminal issue was studied in the 2nd court and sent to the regional department, then the filing of a cassation appeal in the criminal case takes place in its presidium.

When the presidium of the 1st instance of any of the courts mentioned earlier is involved in the study of the materials, and it is not disputed as an appeal, then a cassation appeal in a criminal case of the Criminal Code of the Russian Federation is filed with the Collegium for Criminal Issues or for Military Affairs (in a situation where the situation is being considered in military tribunal).

It is worth noting that a complaint is different from an appeal; it is sent only to the body that is studying the case.

Deadline for filing a cassation appeal in a criminal case

The deadline for filing a cassation appeal and other appeal proposals regarding the verdict rendered by the 1st instance is 10 days from the date of announcement of the verdict. For convicts who are in custody - within 24 hours after receiving a copy of the official verdict. During the period allotted for appealing the verdict, this criminal case cannot be withdrawn from the court. Disputes or complaints sent after the deadline will not be considered.

If the period has been exhausted for good reason by the party entitled to file a cassation, you can send a petition to the court that issued a negative verdict or other decision on the appeal to renew the period. A request for an extension of time is considered by an employee who is involved in making a decision on a criminal matter. The judge's order to refuse can be challenged in a higher authority.

The deadline for considering a cassation appeal in a criminal case is clearly stated in the legislation of the Russian Federation. The study of cassation materials should start no later than 30 days from the date of receipt of the document by a certain authority. The court participating in the consideration must verify the legality and validity of the sentence passed. It checks the legality of only those points of the decision that relate to the person and were appealed. When, during the study of materials, details were discovered concerning other people involved in the same case, but against whom a complaint was not filed, then the criminal case should be studied in the interests of these citizens. It is important that conditions are not allowed to worsen.

How to file a cassation appeal in a criminal case

How to write a cassation appeal in a criminal case? Below is a sample.

Sample cassation appeal in a criminal case must contain:

Full name of the authority to which the cassation is submitted;
Full name, address and status;
Details of the criminal case and the name of the court that considered it;
Listing of errors made by the authority;
List of requirements;
Has the court's decision been appealed previously?
Required documents;
Signature of the person filing the complaint.

LLC "Human Rights Defender" is a law firm. The company does not have in-house lawyers. The company provides services in the selection of qualified lawyers, and also monitors the fulfillment of obligations.

advokat-po-ugolovnym-delam.pro

How long does it take to file an appeal in a criminal case and consider it in court?

The Constitution of the Russian Federation enshrines the right of any citizen to the possibility of reviewing a sentence by a higher court. Until 2013, it was possible to appeal a court verdict only in the cassation court, which was rarely overturned and the process itself dragged on for a long time.

When faced with a situation where your loved one was sentenced too harshly or the offender received too light a punishment, you have the right to appeal and radically change the course of the process. It is important to comply with the deadlines for appeal in criminal cases.

General deadlines for filing an appeal in a criminal case

Meeting the application deadline is perhaps the key point in the entire appeal process. Failure to file a complaint within the time period allotted by law will result in it being left without consideration.

According to the Code of Criminal Procedure of the Russian Federation, the period is 10 days, and it is calculated differently for different categories of convicts. For persons at large, it begins to flow from the moment the court decision in a criminal case is announced, and for persons in custody - from the moment its copy is delivered.

A copy of the verdict is issued within 5 days from the date of announcement. In practice, this clause is often violated. It would be wrong to assume that the court’s delay in issuing a document will be sufficient grounds for reinstating the missed deadline. Be careful!

How to calculate the period of appeal against a court decision in criminal proceedings

The countdown should begin on the day following the day the verdict was announced. It ends at 24 hours of the tenth day. If you cannot meet the deadline, you can first submit a short complaint, and then add to it.

Pay attention! If the last day for filing an appeal falls on a weekend, the time for filing papers is extended and postponed to the next working day.

For example, on January 17, 2018, the court issued a ruling in a criminal case and issued it personally to Ivan Petrovich. On January 29, he decided to file an appeal. So, the first day for filing it will be January 18th. Based on the fact that the tenth day falls on Saturday, January 27, a complaint can be filed until January 29 inclusive.

In some cases, shortened deadlines for appealing court decisions are provided. If they provide for house arrest or detention, you can appeal no later than 3 days. It will be considered at an accelerated pace - only 3 days.

How to restore the appeal period if it has expired

An important advantage of the appellate court is the opportunity to present additional materials that, for good reasons, were not provided at the first hearing. This approach should be assessed positively, because new evidence in the case can play a decisive role in the consideration of the appeal in a criminal case.

But what to do if the deadline is missed?

1. Challenge the decision in cassation,
2. Submit a written request to restore the right to challenge if the applicant has objective reasons for missing it.

The second option may include:

• the person did not receive a copy of the decision on time and was not present during the trial;
• serious illness (especially if the person was in a hospital);
• business trip to another region;
• illiteracy, which means the inability to read, write, and understand what is written (found among the indigenous peoples of the North and small nationalities);
• other reasons that, in the judge's opinion, may be considered worthy of consideration.

The petition is submitted to the court that issued the decision, and not to the appellate court. Supporting documents must be attached to it. If their production takes a long time, you can ask for a court hearing and present them there.

As for legal entities, there are no valid reasons for them to miss the appeal deadline. Firms must have permanent representatives who are responsible for its legal protection.

The same applies to individual entrepreneurs. Despite the fact that an individual entrepreneur is in fact an ordinary citizen who may get sick or go on a business trip, he has no right to restore the missed deadlines for filing a complaint.

Legal assistance in appealing to the appellate instance

Prompt consultation by phone or in the office

Criminal lawyer - assistance from a specialist in appeals at the appellate level

Is it possible to file a short appeal in a criminal case?

Filing an appeal in a criminal case must occur within a shortened time frame. But it is not always possible to quickly prepare convincing arguments. Therefore, a short appeal has become very popular.

It simply needs to indicate that the accused does not agree with the court’s decision because:

• his conclusions do not correspond to the actual circumstances,
• the applicant has not previously been involved and has excellent characteristics,
• other evidence of the severity of the sentence.

The main purpose of filing an abbreviated appeal is to gain time to find new evidence.

After you have collected the necessary facts, an additional appeal is drawn up. It is necessary to write in detailed form your requirements and circumstances of the case. You submit it no later than 5 days before the start of the meeting.

Time limits for court consideration of appeals in criminal proceedings

The period for considering an appeal in a criminal case depends on where the complaint was filed:

• up to 15 days is given to the district court,
• up to 30 days – to the court of a constituent entity of the Russian Federation,
• up to 45 days – to the Supreme Court.

How long does an appeal last in a district and regional court?

1. The first person into whose hands the new document will fall will be the trial judge. He will check the appeal for technical errors.
2. Next, he is obliged to notify the participants in the process about the filed complaint. Until the court receives notice of service of copies, the case will not be sent to a higher court. This period is not limited in any way and can take a long time, sometimes up to 3 months.
3. When a case reaches the appellate court, it is checked for errors by a lower court. If they are found, it is returned for correction. The general deadlines for consideration of the appeal begin to run again.
4. The time for consideration of an appeal is not limited by law. General deadlines (15-45 days) are established only for the start of consideration of the case from the moment of receipt.

How long does it take to consider an appeal in the Moscow City Court?

Filing an appeal in the Moscow City Court is no different from the procedure for filing it with another appellate authority. The panel consists of three judges and the meetings take place very quickly.

How to reduce the time for consideration of an appeal

If the legal process is delayed, there is a legal mechanism to expedite the case. To do this, submit an application, which is considered within 5 days. Based on its results, the chairman informs about the timing of the meeting and can indicate actions to speed it up.

Can the prison term be increased after an appeal?

An appeal can worsen the situation if it is filed by the prosecutor or the victim. Moreover, it should be presented not in the form of simple objections, but rather as a full-fledged complaint with strict adherence to deadlines.

If a convicted person files an appeal, the court cannot tighten the existing sentence, because he operates within the framework of the rule against “turning for the worse.”

Results of the appeal

Whether it is worth appealing the verdict to the appellate court is up to you to decide. But it should be remembered that water does not flow under a lying stone. Practice shows that an appeal in criminal proceedings often leads to a reduction in penalties, and sometimes to its abolition.

Not everyone knows that it is wiser to contact a lawyer for legal assistance at the pre-investigation stage. Most often they apply when a criminal case has already been initiated or is being considered in court.

If the lawyer was not present during the dispute in the first instance, then within 10 days from the date of the decision he must have time to analyze the nuances of the case, develop a legal position and competently draw up an appeal.

To avoid mistakes, it is better to draw up and submit it with the help of a lawyer who will help bring the matter to its logical conclusion.

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Appeal in a criminal case: features + rules for drawing up a document + who and where can send a complaint + which cases are subject to re-examination + features judicial practice+ 3 samples of an appeal in a criminal case + 4 tips for drawing up an appeal.

The Russian legislative system provides for cases when a sentence in a criminal case can be appealed in court. This procedure is applicable to absolutely all cases in which the victim remains dissatisfied with the judge’s verdict.

Today we will look at how the defendants an appeal may be filed in a criminal case, and also indicate all the nuances associated with this matter.

Appeal in a criminal case

More than 80% of criminal proceedings are subject to appeal in court. Given the accessibility of the procedure, the chance to reduce the sentence is a powerful argument for the culprit to file an appeal.

An appeal is a double-edged sword. This tool can be used by both the defense and the prosecution to change the sentence of the defendant.

1) Features of the appeal.

The standard judicial procedure is not characterized by haste in making decisions - the time to consider a typical case can reach 2-3 months. When filing an appeal, consideration of the issue by a magistrate may occur on the same day. Thus, the period before a re-decision is made does not exceed 24 hours.

To express a point of view, there are only 2 steps:

• brief hearing of both sides;
• discussing the issue in court and issuing a new verdict.

In the legal aspect, the appeal occupies only one subsection - 389.13 of the Code of Criminal Procedure of Russia ( https://www.consultant.ru/document/cons_doc_LAW_34481/fc61e2574fd8bcecb23facce98f
0b66fb16e4eb6), while as many as three chapters of the Criminal Procedure Code of the Russian Federation are devoted to the standard procedure.

During a working day, the Justice of the Peace can consider up to 15 appeals and make a decision on each of them on the same day. Depending on the essence of the issue and the importance of the case, the time allocated by the judge ranges from 1-2 hours.

2) Who has the right to write a complaint?

Before you begin the application procedure, you need to decide - who has the right to send such a document to the court?

You can file an appeal:

• side of guilt;
• prosecution;
• representative of the prosecutor's office;
• representative of the defense of the perpetrator.

In addition to the above-mentioned individuals/legal entities, other direct participants in the case consideration procedure also have this right. But the appeal can only concern issues that directly relate to the participant in the criminal case.

Full information is provided by Art. 330 Code of Civil Procedure of Russia ( https://www.consultant.ru/document/cons_doc_LAW_39570/96d9127d8d5b633f85501df896
8a9e95d0aa2ed7).

Relatives, acquaintances, comrades, witnesses - all of them cannot file an appeal, since they are only indirectly related to the consideration of the criminal case.

3) What cases are subject to appeal?

The appeal decision is applicable during the period of the judge's sentencing, but the penalty has not yet officially entered into force. The most common appeal of final decisions is up to 70%. The remaining 30% falls on the intermediate results of the consideration of cases.

Court decisions subject to appeal:

Type	Contents of the question	Resolution
Final	Court decisions, the results of which are considered completed and criminal proceedings can begin. This also includes court decisions, after which the proceedings against a certain suspect are declared completed.	Orders to complete the case. Sentences ending the prosecution of the culprit. Decisions on compulsory medical measures or refusal to use them. Decisions on forced termination of the case due to the minority of the culprit.
Intermediate	All other types of decisions that do not fall into the final category	Judicial decisions that are not final with respect to the suspect. Decisions that were made by the relevant authorities during the consideration of the final decisions.

In both the first and second cases, the applicant must adhere to the standard procedure for filing an appeal in a criminal case. We will look at the sample and structure of the document below.

4) What is the time frame and where to file an appeal in a criminal case?

It is necessary to send documents for consideration to the court that directly dealt with your case. If an individual/legal entity manages to make a corresponding statement within the predetermined period for appealing, the authorized judicial authorities transfer the complaint to the second instance, where the issue will be considered.

The principle of resolving such cases is based on the hierarchical judicial system of our state. Depending on the position of the department in this grid, complaints coming from the dissatisfied party, in accordance with Article 389, paragraph 3 of the Code of Criminal Procedure of Russia ( https://www.consultant.ru/document/cons_doc_LAW_34481/57ef33e84e974f1e2e8444a84e
5a9966b969bec6), will be considered by higher judicial departments, up to the Supreme Court.

When the document comes into the hands of the court staff, they are obliged to notify the participants of both parties in the case in writing or orally. Once informed, others have the right to appeal to the same authority.

Regarding the deadlines for filing a complaint, unlike the civil code, in the criminal code it does not exceed 10 calendar days from the date of the decision on the issue under consideration.

A change in the deadline may occur in cases where the decision on the possibility of filing an appeal has not yet reached the culprit due to his detention. Only after a copy of the document reaches the defendant will the 10-day countdown begin.

If the appeal was sent after the specified deadline, the judge will reject it. The exception is additional appeal, which is valid for another 5 days from the expiration date for the main one.

However, the information contained therein should not further aggravate the situation in the case for the responding party. The document is purely auxiliary in nature and is sent in order to make minor changes to the main complaint in a criminal case.

Preparation of an appeal in a criminal case

The law does not provide a single sample document. In order for the appeal to be considered by the judge, when drawing it up, use a businesslike style in describing the situation and refer to the relevant articles of the criminal code under which you want to appeal the case.

1. Contents and requirements for the appeal.

Start compiling of this document It is possible without the help of a lawyer, but in order to comply with all the rules and regulations, you will need to make serious efforts.

First of all, examine the court's decision in terms of the presence of legal errors regarding the defendant. If there are any, there is a high probability that the complaint will be satisfied in full.

There are 2 groups of requirements that you should pay attention to:

Formality.

If errors were made regarding the name of the court, the name of the defendant and others of a formal nature - by the courts the document will be sent for revision. There is no provision for refusal of consideration for such cases.

A more compelling argument is that errors here can reduce all work to “0”. Rely only on those arguments that, from an objective point of view, have real value for the defendant.

Components of an appeal in a criminal case:

Clause of the Code of Criminal Procedure of the Russian Federation	Component	Note
Art. 389.6 part 1 clause 1	Court name	-
	Address	Not necessarily.
Art. 389.6 part 1 clause 2	Party to the proceeding (defense/plaintiff)	-
	Place of residence	It is not subject to judicial review.
Art. 389.6 part 1 clause 3	What decision is the appeal against?	The court, city and date of sentencing are indicated.
Art. 389.6 part 1 clause 4	Attachments to the appeal in a criminal case	If there are no such documents, you don’t have to indicate anything.
Art. 389.6 part 1 clause 5	Signature	Only the person sending the complaint to the court has the right to sign.

In addition, if any additional evidence appears in the case, in order to attach it to it, you will need a petition addressed to the judge who is dealing with your matter.

All participants in the process are required to confirm the fact of filing an appeal, and if new witnesses appear, each will have to draw up a petition allowing participation in the subsequent consideration of the complaint.

And now to your attention 4 tips that will help you protect yourself from typical mistakes when drawing up an appeal in a criminal case.

In order for a complaint to be accepted for consideration, there must be a reason why it is being filed. But what to do if you can’t competently argue and put together this point?

During court proceedings, they are not so picky about the formal reason for filing an appeal in a criminal case. If it is not possible to analyze the decision for legal errors and other nuances, a vague formulation of the reason will do.

To do this, it is enough to add to the text of the document a basis in the form of Article 389.15 of the Code of Criminal Procedure ( https://www.consultant.ru/document/cons_doc_LAW_34481/f5645bd3e216e276cb7d665540
3c888a376de75a) without a clause or declare general disagreement with the decision made.

Tip #2. Do not extort from the court an urgent review of the facts of the case.

Purely theoretically, the appellate court has the right to double-check the facts of the case and discover that they were erroneously presented in the previous decision, but there is one significant “but” - in practice, no one does this.

If such an inaccuracy is discovered, the case is sent for re-examination down the hierarchy - where the main verdict was made.

This approach to appeal can delay the process for 3-4 months. A more rational solution would be to send an appeal in a criminal case directly to the appropriate authorities, which will initiate a re-examination without any intermediaries.

Tip #3. How to optimally structure the text of an appeal?

Compiling an appeal competently is a real skill. Structuring the text, highlighting the main ideas, providing links to articles of law and citations is the key to the success of an appeal in court.

Try to emphasize those arguments that are useful specifically to your side, while it is better to keep silent about problematic issues or not to focus special attention on them.

Tip #4. How to properly make references to plenums?

Many people believe that abbreviations in an appeal are unacceptable, but in some cases such steps help improve the quality of the document and make it more readable.

There are cases when additional minor points in the case are discovered, and they need to be timed to the appeal.

To add materials for consideration, 2 options are available:

Attach to additional appeal.

Applications cannot be sent separately to the court. This method carries the danger that you may not complete the allotted 5-day period given for an additional complaint.

Indicate in court.

It is usually easier to convey information to the judge at the hearing itself, but there is a risk of losing sight important points due to the short time frame for reviewing the case.

Judicial authorities can only accept characterizing information. If you decide to submit new evidence of guilt/exoneration of the defendant, the judge will refuse to accept it - in this case, another procedure applies, which consists of filing a petition to provide such facts.

Sample appeal in a criminal case

It should be noted that as of 2017, in judicial practice in criminal cases, there are three methods of filing an appeal, which are inextricably linked. More than 90% of cases use all three of these types of complaints to best prepare for the retrial process.

1) Sample of a preliminary appeal.

The biggest danger for both parties to a lawsuit is missing the allotted time to submit a document to the court. 10 days is not always enough to prepare all the necessary papers and qualitatively draw up an appeal in a criminal case.

The main purpose of the preliminary appeal is to interrupt the 10-day deadline for filing.

The presented sample appeal in a criminal case is ideal in 90% of cases. The lack of connection to a specific person allows the form to be used not only in relation to this article, but also to apply it to other measures of suppression of penalties under the Criminal Code.

2) Sample of the main appeal.

We described the structure and content of the form earlier. The technology for drawing up a document allows you to prepare an appeal at home and submit it for judicial review within the period specified by law.

The formal information on the form should be provided without errors, otherwise the judge will send it for revision, and if the application was submitted at the end of the 10-day period, the delay situation will become the main problem for you.

Apart from the appeal itself, no additional paperwork is required from you. The initial verdict of the lower court is not mandatory, but experienced lawyers strongly recommend attaching it - the judge will be able to speed up the process without sending a request for the provision of the relevant document.

3) Sample of an additional appeal.

This document is used tactically:

• First, you supplement the main complaint by explaining in more detail the nuances of the case that you were not able to fully describe earlier.
• Secondly, by sending such a document, you can seriously complicate the work of your opponent, which can play a decisive role in the decision of the judicial authority.

There are 2 important points:

1. You can send an appeal in a criminal case at the last moment of the 5-day period. Opponents will be able to get acquainted with the information in the last minutes, which will give a clear advantage in the appeal court.
2. The party involved in the prosecution does not have the right to make the situation worse for the suspect with additions.

To ensure that the document reaches the judge on time, under no circumstances try to send an appeal by mail. According to the rules, an additional complaint must be sent to the court of appeal through the lower authorities in which the case itself was considered.

The problem is that not every department has time to submit a document within 5 days, especially if you want to do it 1-2 days before the hearing. The way out of the situation is to transfer the completed papers directly; the judicial authorities will not be able to refuse to accept the information, and your trick will work.

An additional appeal can become a formidable weapon in the hands of a lawyer or prosecutor. Even an insignificant fact can significantly influence the final result of the case and bring additional points to your piggy bank.

4) Judicial practice.

The process of considering a case is not much different from the first instance, but there is one significant difference - you have the right not to appear at the hearing. An exception may be when you indicate in your appeal that the consideration of the case has no right to take place without your participation, then the trial will not begin, and you will be fined for failure to appear.

Procedure for the appeal hearing:

• investigation of the complaint request;
• study of the entered facts;
• voicing the opinions of the parties to the process.

The procedure is carried out with three judges at the same time. More than 20 different cases are considered per day, so the deadlines are very tight. Any delays by one of the parties may affect the entire process.

Promotion and consideration of the appeal

Although there are 3 people behind the podium, only the central judge is directly involved - presiding officer, the other two can only ask clarifying questions or not participate in the discussion process at all.

After the formal part and familiarization with additional materials of the appeal, the parties take part in the debate. To be heard, you do not need to mechanically present information, duplicating it from the appeal - speak briefly and concisely, emphasizing only the most important.

There are 3 options for submitting information to the appellate court:

1. The first statement only confirms the fact of filing a complaint, and presents all the materials in the debate. The disadvantage of this approach is the volume of facts that will be presented all together in a short period of time.

   Keep in mind that the judges will already have formed an established opinion and it will not be easy to convince them.

2. Assessment from an emotional point of view in the first speech and presentation of facts to mitigate the sentence in the second. A suitable option for the defense wishing to mitigate the final verdict in the case.
3. The legal part in the first speech and consolidation in the second. The option is optimal in cases where the fact of admission of guilt by one of the parties is not involved.

If the judge has the right to stop the first part of the speech ahead of time, then the debate will be heard to the end. Pay attention to this when submitting information, which may give the judge or his assistants a mixed opinion.

Results of the appeal in a criminal case

The result of consideration of your issue may be 4 options, each of which is subject to appeal to a higher authority again, by both one and the other party to the process.

Option #1. Refusal.

The most common response to an appeal. This is due, first of all, to the hidden solidarity of the judiciary. Proving you are right and changing a previously approved decision is a real problem, even with the help of an experienced lawyer.

Reasons for refusal:

• judicial solidarity;
• fear of error;
• additional work for judges.

No matter how sad it may sound, most of the reasons are subjective. It is easier for a judge to dismiss a case than to change the decision or send it back for retrial.

Option #2. Change of decision.

Both improvement and deterioration of the defendant's affairs are permissible. This option carries the greatest risk for the judge - if there is a mistake regarding the employee, they may consider dismissal.

What is an appeal and how to write it correctly?

Lawyer Evgeny Osintsev advises:

Option #3. Sending for review.

Such a decision is made in 1-2% of cases, and only if significant facts are presented in favor of such an outcome.

Review may be sent to:

• to the court where the initial hearing of the case took place;
• to the pre-trial authority.

This option forces us to raise all the facts in the case and conduct a re-investigation. The result can be either an acquittal or aggravation of the defendant’s position.

An appeal in a criminal case has legal force, comparable to the main process. Proper drafting and delivery tactics will not only improve the situation, but will also provide the opportunity to tip the scales in your favor.

A criminal appeal is a specific legal instrument that allows you to appeal a preliminary court decision that has not yet entered into legal force. In fact, this is the only mechanism that makes it possible to correct a court decision if one of the parties to the proceedings is confident that the rendered verdict does not comply with the norms of the Russian legislative framework and violates human rights and interests.

Introduction to the topic

The legislator defines an appeal as a special procedure within which a previously rendered judicial verdict or decision is verified before it enters into legal force. At this stage, the user has the opportunity to cancel the decision and adjust it.

Until 2012, appeal processes exclusively affected decisions of magistrates. Over time, the need arose to give greater validity to the appeal, and some regulatory documents have been changed.

Since then, appeal has become widespread and has now become the second instance in resolving legal proceedings.

The essence of the appeal process is to correct the decision of the judicial authority, which was made as a result of legal proceedings. The rendered verdict may not suit one of the parties to the process, and therefore it is permissible to file a corresponding complaint. The user must submit a complaint within a strictly defined period, and at the same time great value pay attention to the specifics of the procedure.

The appeal court will consider the appeal, which is a second instance body that reviews the court's verdict and makes a final decision. In fact, the appeal will be a kind of verification of the legality of the preliminary decision. Both district and regional instances and the Supreme Court can be involved as a court of appeal.

The main feature of the appeal proceedings is the fact that higher authorities will not focus on the specifics of the case and will not require any evidence. They will operate exclusively with the existing court order, which will be checked for compliance with all valid standards and requirements.

Appeal: grounds for filing

An appeal is a specific type of legal instrument designed to help users achieve a fair decision. In addition, appellate review helps eliminate possible miscarriages of justice, thereby maximizing the protection of users.

To submit a complaint of an appeal nature, justification is required. The reasons can be very different, and they must be indicated in the text of the complaint. Practice shows that the most common grounds for initiating appeal proceedings are the following:

• the interim verdict is unfair and affects the interests of the user;
• the circumstances of the case were initially determined incorrectly, some of the evidence was not taken into account;
• during the initial examination, certain materials were used as evidence that in no way relate to the legal proceedings;
• the conclusions drawn are fundamentally different from the previously stated circumstances of the process;
• in a specific situation, there was an incorrect interpretation of the norms of criminal law, which resulted in a situation where the key requirements of the law were violated;
• the legislative standard on the basis of which the preliminary decision was made was applied in an incorrect manner;
• a brief appeal is fundamentally different from a lower court decision.

The presence of the indicated circumstances gives the user the right to appeal to higher authorities with a demand to reconsider an unfair (in his opinion) decision.

However, before starting an appeal procedure against a court verdict, you need to understand which decisions may be subject to detailed verification.

The law defines a clear procedure for consideration of criminal cases by appellate courts. Any court decision can be appealed, regardless of its type (accusatory or acquittal). The only condition is that there are compelling reasons for further application. Based on this, we can conclude that filing an appeal is possible in the following points:

• the court decided to terminate criminal proceedings based on certain circumstances (amnesty, reconciliation of the parties or the conclusion of peace agreements, imposition of penalties);
• the user does not agree with the court’s decision to select a preventive measure and apply restrictive measures, his actions copy the approved procedure for appealing the verdict;
• the case concerns the actions of officials, as well as officials associated with the judicial or law enforcement system (Article 125 of the Criminal Code of the Russian Federation);
• the verdict concerns the expungement of a criminal record, parole, and the abolition of criminal prosecution.

Please note that the law establishes a number of requirements and recommendations. Thus, disagreement with the interim results of the trial will not serve as a reason for filing an appeal. The user has the right to file a complaint only against the final decision of the court.

Consequences of the appeal procedure

Initiating an appeal process does not guarantee the success of the case. The court involved in verifying the final judicial verdict has the right to act at its own discretion and perform a number of actions regarding the issue raised:

• the appeal may be rejected if the authority establishes the absence of weighty arguments, or the permissible period for appealing the verdict was ignored;
• the verdict of the first instance will remain in force if the plaintiff does not provide sufficiently significant evidence of the illegality of the decision;
• the final court ruling will be supplemented or adjusted;
• the court decision may be recognized as inconsistent with legal requirements and overturned, the appellate body will present a new verdict based on the hearings held, the case materials and the evidence base;
• the court has the right to stop the consideration of the case until;
• an appeal against a verdict in criminal cases may remain unanswered if there are compelling reasons approved by the state;
• the preliminary verdict can be partially canceled with the introduction of certain amendments and the issuance of separate recommendations regarding specific criminal proceedings.

To increase the chances of success, it is necessary to have in-depth knowledge of the law, and ideally, entrust the defense to an experienced and qualified lawyer who understands the procedure and knows what deadlines exist for filing an appeal.

Time limits and restrictions

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An appeal is a formal legal mechanism that allows you to initiate a review of a court decision that has not entered into legal force. It must be recalled that the court verdict will become valid over a certain period of time, therefore the issue of filing a complaint must be resolved extremely quickly.

The legislator determines the time frame for consideration of an appeal. It is 10 days, which begins from the moment the court verdict is issued. However, there are a number of situations where compliance with time limits is impossible, the appeal procedure for considering criminal cases will be changed:

1. If the last day for submitting an application falls on a weekend or holiday, it becomes possible to postpone the submission of the document to the first working day.
2. If the appeal is sent via postal services (registered letter with notification), the stamp of the post office indicating the date of receipt of the document serves as justification for confirming compliance with the deadlines. Even if the letter reaches the appellate authority after the 10-day period, the complaint will be considered.
3. If the verdict is made regarding a convicted person in custody, the 10-day period for filing a criminal appeal will begin from the moment the user is served with a copy of the verdict. However, in this situation, a separate petition to restore the deadlines will not be required.
4. If there are circumstances determined by the state as valid, it becomes possible to apply for an extension of the time limit for the appeal.

Failure to comply with the actual requirements and recommendations of the legal framework leads to difficulties for the user. It will be impossible to appeal the decision, and the verdict will easily become legal upon completion of the designated 10-day period for consideration of the appeal in the criminal case.

Features of the appeal process and content of the complaint

The appeal procedure involves all courts, and is subject to strict rules and regulations approved at the highest government level. Experts believe that this process is complex and has specific features that need to be known before initiating appeal proceedings.

In particular, the law establishes a number of restrictions regarding the persons who can initiate the appeal procedure.

The actual norms of the criminal procedural legislative framework allow that the initiative to file a complaint can come from the following persons:

1. A convicted citizen or his authorized representative, as well as a defense attorney. If the convicted person believes that the verdict violates his interests and does not meet the requirements of the legislative framework, he has the right to write a complaint and start the appeal procedure. You can do this yourself, or with the assistance of a qualified lawyer. If the convicted person, the appeal may come from his parents (guardians). At the same time, the citizen himself also has the right to appeal the verdict, and an additional appeal comes from him.
2. Injured party, trusted representatives or lawyers. As a rule, victims most often disagree with lenient court decisions regarding convicted persons. They have the right to file a complaint to increase the punishment.
3. Civil plaintiff or defendant. The status of the defendant does not always coincide with the position of the accused, and this fact must be taken into account.

In addition to the list of persons who have the opportunity to start the appeal process, the law defines categories of users whose appeals will be left unanswered, and the appeal procedure will be impossible:

1. Witnesses in the case. Witness status imposes large number duties that must be followed. The witness cannot ask questions to the court, refuse to testify, or avoid attending the court hearing. In addition, the witness does not have the right to appeal the court verdict in a criminal case.
2. Experts. Essentially this is strangers, whose participation in legal proceedings is limited to explanations and recommendations. They are not participants in the process and therefore cannot write complaints.
3. Law enforcement officials, judicial authorities,...

An appeal is recognized as an official document, which is subject to requirements regarding format and content. It can be either written or printed; the presence of erroneous information, false information, grammatical and punctuation errors is not allowed.

The text of the appeal must include the following information:

• full name of the court to which the complaint is sent;
• information about the author of the appeal, including full name, registration data, status in a specific judicial process; if the complaint comes from a convicted person, it must indicate that the applicant is in a pre-trial detention center;
• information regarding the preliminary court decision, this indicates the specific court decision with which the applicant does not agree;
• additions to the appeal, proving the applicant’s point of view, these may be unaccounted for case materials, references to actual norms of the legislative framework, etc.;