Appeal in a criminal case: sample, deadlines for filing, consideration

You can appeal any decision of the court of first instance, including the verdict in a criminal case. Sometimes filing a complaint is the last real opportunity to cancel or change an unjust decision and achieve justice. Most often, it is the convicted who express disagreement with the verdict, but in some situations the victims are dissatisfied with the too lenient punishment or the classification of the crime - they, too, like the state prosecutor, have the right to appeal. What are the deadlines for filing an appeal in a criminal case, how to file a complaint and where to file it - read our article.

What is an appeal

The appellate court is a court of second instance that reviews the decision of the lower court and puts an end to the proceedings. An appellate review is essentially a review of the legality of the original judicial opinion in a case.

You need to understand that the appeal court can be either a district court (a meeting with one judge), or a regional one, as well as the Supreme Court (a meeting with the participation of three judges). In practice it looks like this:

When a judge of the peace pronounces a sentence, the district court is considered the appellate instance. For example : Pavlov R.Z. was convicted by the verdict of the magistrate of precinct No. 1 of the Leninsky District Court of Kirov under Art. 119 of the Criminal Code of the Russian Federation. Lawyer R.Z. Pavlova did not agree with the decision and appealed it to the Leninsky District Court of Kirov.
When a district court makes a verdict, the court of appeal is a court of regional or regional significance. For example : Lozhkin G.R. was convicted by the verdict of the Petrovsky City Court of Vladimir. He wrote a complaint about the review to the Vladimir Regional Court.
When passing a sentence by a regional court, the Supreme Court is considered to be the second instance. For example , a jury in the Kemerovo region returned a not guilty verdict for a double murder. In order to overturn the acquittal, the representatives of the victim wrote a complaint to the Supreme Court of the Russian Federation.

The complaint is filed through the court that made the original decision. That is, the complaint itself is submitted to the office of the court of first instance, although it is addressed to a higher court.

How to file a complaint

The drafting rules and requirements are prescribed in Article No. 389.6 of the Code of Criminal Procedure of the Russian Federation. A sample appeal in a criminal case is located below; you can write it by hand or on a computer.

Key points of the statement:

Information about the court and information about the applicant are recorded. Indicates: the person’s status in the lawsuit and personal information.
Provides information about the controversial decision that is subject to appeal.
The grounds on which the judge should order a review of the case are recorded.
Each statement must be supported by articles of the Criminal Code. Arguments are stated indicating that the application has good grounds for reconsideration.
The list of documents and evidence provided is indicated.

Decisions made by the appellate court can only be appealed through cassation. An application to this court is drawn up in the same way as an appeal.

What you can appeal

So, any verdict (conviction or acquittal) can be appealed. In addition, filing an appeal is possible:

to a decision to terminate the case on various grounds. The judge has the right to terminate a criminal case when imposing a court fine, as a result of reconciliation of the parties, subject to certain conditions (more details in the article), as well as under an amnesty, after the expiration of the statute of limitations, etc. Let's give an example. In September 2015, for a crime of minor gravity, the court issued a decision to terminate the criminal case in connection with an amnesty in honor of the 70th anniversary of Victory in the Great Patriotic War (such an amnesty was actually announced in May 2015). The victim, who did not agree with this outcome of the case, appealed the decision.
to a court decision to select a preventive measure. The court chooses detention or house arrest, as well as bail. Other restrictive measures against persons under investigation are applied by the decision of the investigator.
to a resolution that is issued following the consideration of a complaint filed in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation - against the actions of officials of the police, the investigative committee, and the prosecutor's office. For example, Serov E.N. filed a complaint with the court against the refusal to initiate a criminal case. At the meeting, the case materials were checked, a decision was made to refuse the application of E.N. Serov, who, not agreeing with this, decided to appeal.
on decisions of a judge on issues of parole, expungement of a criminal record, revocation of a suspended sentence or extension of a probationary period.

You need to know that court decisions made during the proceedings at the request of the participants in the process are not subject to separate appeal. This means that the parties have the right to express their disagreement with interim decisions in a criminal case only in an appeal against the final decision, that is, against the court verdict.

Example . When considering a case of robbery, the defense filed a motion to exclude the inspection report of the crime scene from evidence, but the court rejected it. The defense lawyer wrote an appeal against the refusal, but proceedings on it were not started; the regional court indicated the impossibility of considering it and recommended that he present his arguments in an appeal against the verdict, which will take place at the end of the trial.

Other examples of so-called “interim decisions” may be decisions on requests to order an examination, on calling additional witnesses, on the admission of a public defender, on requesting documents or audio media, etc. All these decisions cannot be appealed separately.

Decisions made by the appellate court

As a result of consideration of a criminal case, depending on the established circumstances, the appellate court makes one of the ten decisions specified in Art. 389.20 Code of Criminal Procedure of the Russian Federation:

If it is established that the verdict of the court of first instance is legal, justified and fair, and the arguments of the complaint or presentation do not provide grounds for canceling or changing the verdict, the appellate court makes a decision during a single consideration of a criminal case by a judge or a ruling during a collegial hearing of a criminal case to leave the sentence without changes, and complaints or representations are not satisfied.
If a significant violation of the law is committed at the stage of preparing a criminal case for a court hearing, which cannot be eliminated, when considering the criminal case, the appellate court adopts a resolution or ruling, depending on the composition of the appellate court, to cancel the verdict and send the criminal case to the first court. instance from the stage of preparing a criminal case for a court hearing.
If a significant violation was committed by the court of first instance during the trial, under the same circumstances, a similar decision is made to overturn the verdict, but with the referral of the criminal case for a new trial from the trial stage in a different court composition.
If significant violations that impede the resolution of the criminal case are committed at the pre-trial stages, the appellate court makes the same decision to overturn the verdict and forward the criminal case to the prosecutor.

If grounds are found provided for by the criminal procedure law for terminating a criminal case, the appellate court makes a decision to overturn the verdict and terminate the criminal case.
When establishing the grounds for changing the sentence, entailing an improvement in the situation of the convicted person (reducing the scope of the charge, reclassifying the act as less serious, reducing the imposed punishment, etc.), the appellate court issues a ruling or ruling to change the sentence of the first instance court.
The court has the right to issue a ruling or ruling to terminate appeal proceedings in cases provided for by law (for example, a complaint was filed by a person who does not have the right to do so).
If there are grounds for this, the appellate court has the right to overturn the conviction and issue an acquittal.
Also, the appellate court has the right to overturn the acquittal and pronounce an acquittal on another basis.
In addition, the court is given the right to overturn the conviction and issue a new conviction in accordance with the circumstances established during the consideration of the criminal case in the appellate court.

The list of decisions made by the appellate court is not exhaustive.
In paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 27, 2012 N 26 “On the application of the norms of the Criminal Procedure Code of the Russian Federation governing proceedings in the appellate court” it is explained that, in the meaning of criminal - the procedural law, provided for in Article 389.20 of the Code of Criminal Procedure of the Russian Federation, the list of decisions taken by the appellate court is not exhaustive. In this regard, the appellate court has the right, in particular:

overturn the conviction and issue a ruling (resolution) to release the person from criminal liability or punishment and to apply compulsory medical measures to him (part 1 of Article 443 of the Code of Criminal Procedure of the Russian Federation);
overturn the conviction and issue a ruling (resolution) to terminate the criminal case against the minor with the application of a compulsory educational measure to him (part 1 of Article 431 of the Code of Criminal Procedure of the Russian Federation).

Check out these other materials: appealing a sentence in a criminal case cassation appeal against a sentence

Deadlines

The general period established for filing an appeal in a criminal case is 10 days. The countdown begins on the date following the announcement of the verdict. In practice, cases arise when this period is actually exceeded:

If the 10th day of the deadline falls on a holiday or weekend, the appeal can be filed on the first working day after the non-working day. For example, the verdict was handed down on 06/01/2021, Friday. The 10th day falls on June 11, that is, a non-working day due to the postponement of the Saturday holiday. June 12 is Independence Day, a holiday. Therefore, in fact, the period for appeal in this case is 12 days, up to June 13 inclusive.
Usually the complaint is submitted to the court office, but in some cases it is sent by mail (no matter registered or ordinary mail). The post office acceptance stamp on the envelope confirms the date of delivery of the letter. If such a date is within the 10-day period, even if the letter actually arrives late at the court office, the deadline is considered met. Let's give an example. Kostin A.V. was convicted by a verdict on 04/02/2021 - accordingly, the period of appeal ends on 04/12/2021. Kostin A.V. I didn’t have time to submit my complaint before the end of the district court’s working day (5:30 p.m.), so I sent it by letter at 8:00 p.m. via the post office, as evidenced by the stamp. In fact, the envelope arrived at the office only on April 16, 2021, but under the circumstances described, the convict “met” the 10-day period.
For convicted persons who are in custody, 10 days begin to run from the next day after the actual delivery of a copy of the verdict. To file a complaint in this case, a separate petition for reinstatement of the pass is not required.
For the remaining convicts, their defense attorneys, as well as for victims and the state prosecutor, the deadline missed for a valid reason is subject to restoration upon request. A request to reinstate the appeal period may be reflected in the complaint itself. In addition, a petition for restoration of the deadline can be drawn up separately:

In the Leninsky District Court of the city of Kirov, Igor Alexandrovich Pletnev, convicted by the verdict of the Leninsky District Court of the city of Kirov dated 04/02/2021

Petition for restoration of the missed period of appeal

By the verdict of the Leninsky District Court of Kirov dated April 2, 2021, I was convicted under Part 1 of Art. 228 of the Criminal Code of the Russian Federation to 1 year of imprisonment in a penal colony. I do not agree with the verdict and wrote an appeal.

The verdict was announced on 04/02/2021, but I actually received a copy of it on 04/18/2021, as evidenced by the note in the case.

Based on the above, guided by art. 389.5 Code of Criminal Procedure of the Russian Federation,

ASK:

Reinstate the missed deadline for appealing the verdict of the Leninsky District Court of Kirov dated 04/02/2021.

Calculate the period from 04/19/2021 - that is, from the next day after the copy was actually delivered to me.

Pletnev I.A., 04/19/2021

As can be seen from the sample application, it is drawn up in free form, but with the obligatory indication of the reason why you missed the deadline (receiving a copy after the 10-day period - due to a business trip, illness, postal work, etc.). In other words, you must justify your request to be given the opportunity to challenge the verdict. At the end of the petition, you must indicate from what date, in your opinion, the new 10-day period for appeal should be calculated.

The petition is considered by the same judge who handed down the sentence. In some cases (vacation, business trip, illness of a judge), consideration by another judge is allowed, on behalf of the chairman. Based on the results of consideration of the petition, the court issues a separate ruling. If the specified reason is considered valid, the period is restored. If the court considers the reason for absence to be unjustified, a decision is made to refuse to restore the 10-day period - in this case, the applicant has the right to appeal the decision separately.

The period for filing a complaint against a decision to select a preventive measure in the form of detention or house arrest has been reduced to 3 days. The same period is allotted for appealing the extension of the preventive measure.

Submission deadlines and acceptance procedure

If the defendant is detained and is in a pretrial detention center, the calculation of the term will begin after he is given a copy of the court verdict against signature.
If the deadline for filing an appeal in a criminal case has expired, then a cassation appeal is filed.

The court is obliged to notify all participants in the criminal case that it is under appeal.
Along with the notice, a copy of the complaint and all documents attached to it will be sent so that interested parties can familiarize themselves with their contents. The notice must indicate the date on which the appeal hearing will take place. Having received such notice, each participant in the process has the right to write an objection to the complaint if he does not agree with the arguments set out in it.

Who has the right to appeal

The Criminal Procedure Law gives the right of appeal to the following participants in the process:

The convict and his defense lawyer

Representatives of this side of the case most often use the right to challenge. The convicted person may not agree with the fact that he was found guilty or only with the punishment imposed. The lawyer and the client can draw up one complaint between them or each of them separately. Complaints cannot contradict each other - this is unacceptable under the provisions on lawyer ethics. If the client considers the application of a particular article of the criminal code to be incorrect, the defense attorney does not have the right to express the opposite opinion on the same criminal case.

In some cases, along with a lawyer, the interests of the accused in court are represented by a public defender (sometimes there are several of them), who also has the right to appeal.

The legal representative also has this opportunity. For example, if the convicted person has not reached the age of majority, his parents have the right to appeal on his behalf, but only those who are recognized as an official representative. This does not deprive the minor of the right to appeal the verdict, along with his mother or father.

The victim, his legal representative or the victim’s lawyer (in those cases where he is involved)

Typically, the injured party does not agree with a lenient punishment or the exclusion of part of the charge from the criminal activity of the defendant. The public prosecutor is considered one of the representatives of the victim's side - he also has the right to express disagreement with the verdict on various grounds and to file an appeal (analogous to a complaint). In some cases, the opinion of the public prosecutor may not coincide with the opinion of the victim. Since the prosecutor is obliged to supervise not only compliance with the criminal law, but also the procedure for considering the case itself, representations can be made even in the absence of complaints from the victim.

Civil plaintiff or defendant

In criminal cases, the status of the defendant does not always coincide with the status of the accused in one person. Thus, if a fatal accident occurs as a result of driving a car owned by an organization, the claim of the victims may be addressed not only to the culprit behind the wheel, but also to the employer. Subsequently, if the employer does not agree with the verdict regarding the claim, he has the right to take advantage of the opportunity to appeal. Also a civil plaintiff: if the rights of other persons are affected by the crime, they can be brought as plaintiffs with the right to appeal.

Who does not have the right to appeal

Under no circumstances may the following persons appeal a court decision in a criminal case:

witness. The status of a witness carries more responsibilities than rights. Thus, a witness does not have the right to refuse to testify, cannot ask questions to the court or participants in the process, and must not avoid appearing in court. In addition, the witness cannot appeal the verdict.
specialist, expert. These are third parties whom the court or participants in the process invite to provide explanations about their special knowledge. After these explanations are given, specialists do not participate in the meeting and do not have the right to file complaints against court decisions.
investigators and other representatives of law enforcement agencies participating in the investigation (except for the prosecutor). These are officials who do not have the right to influence the court's decision by appeal.
other persons who are not parties to the case.

Filing an appeal from relatives of the convicted person

The law does not give the right to file an appeal in a criminal case to relatives and witnesses, both on the part of the convicted person and on the part of the victim.

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What to write about in a complaint

The basic requirements for filing an appeal are:

First you need to write the name of the court of second instance where you want to appeal the verdict. This may be the regional or regional court of the region where the district decision was made. In Moscow, the second instance for district sentences is the Moscow City Court.
Information about the author of the complaint - usually this information is located at the end of the text and includes not only the full name and residential address, but also the status - victim, accused, etc. If the complaint is made by a convicted person in custody, it is necessary to indicate where exactly he is staying - that is, in which pre-trial detention center. It is especially important to indicate their status to those who did not actually take part in the process, but at the investigation stage were recognized as victims or accused. For example, if the victim fails to appear at the court hearing, with the consent of the opposite party, his investigative testimony can be read out. In some cases, in cases of minor gravity, the law allows the defendant not to participate in the hearing, which does not deprive him of the right to subsequently appeal the verdict or decision.
Information about the verdict - in relation to whom it was pronounced, when and by what court, what punishment was determined if the accused was found guilty. If a complaint is filed against an acquittal, it is necessary to indicate on what grounds the court did this (due to the absence of elements or events of a crime, lack of evidence, etc.).
The complaint must be accompanied by additional documents that are referenced in the text and that have not previously been submitted to the court of first instance. Those materials or copies thereof that are already in the volumes of the criminal case should not be included. At the same time, the complaint can draw the attention of the judicial panel to certain documents that were previously examined, but were incorrectly interpreted, or not fully studied. It is better to indicate the sheets of the case and the volume number where such evidence is located - this will be convenient for the board of second instance. A request to examine specific evidence may also be made in a separate written request submitted to the appeal.
The complaint must indicate whether its author wishes to participate in the judicial review. Often, participants in the proceedings do not want to be present at the appellate hearing and ask that the ruling be sent to them by mail.
At the end of the text there must be a signature and a number.

The most important textual part of the appeal is the arguments about disagreement with the decision made in the first instance. It is unacceptable to assert unfoundedly that the verdict is illegal - this could lead to a refusal to accept the complaint. It is imperative to indicate why you consider the result of the proceedings to be illegal, while focusing on the grounds on which the verdict or decision can be overturned.

Types and requirements for complaints to the Supreme Court

The most important condition for challenging a court decision is the sufficiency and even exclusivity of the grounds. You can appeal the verdict only after receiving unsatisfactory results in lower courts. Filing a complaint to the Supreme Court is possible, among other things, if the court decision enters into legal force, as well as if new circumstances of the criminal case are identified.

Today, the Supreme Court body accepts appeals, cassation and supervisory complaints. The first type of complaint concerns a decision made by the court of first instance before it entered into legal force. The consideration of this complaint is carried out taking into account the arguments that were included in the factual evidence base. It is impossible to introduce new circumstances of a criminal case that were not stated in court proceedings in this manner. Thus, the content and wording of the appeal are of fundamental importance. As for the cassation appeal, it is aimed at ensuring the protection of the interests of the parties in order to change or completely cancel the verdict of the lower courts. A complaint is filed against a judicial decision after it has entered into legal force. In this case, the task of the court becomes to verify the legality of the court decision, regardless of its content and form of expression.

If the complaint is left unchanged and returned, resubmitting the complaint becomes pointless, as it contradicts the established regulations. The only chance in this case is to send a complaint to the Chairman of the Supreme Court of the Russian Federation. This procedure is necessary in order to appeal the refusal to consider a complaint made by judges of the Supreme Court of the Russian Federation. Subject to the procedure and conditions for contacting the Chairman, the complaint can achieve its goal, and the applicant’s demands have a chance to be satisfied.

The filing of a supervisory complaint is carried out by appealing to the Presidium of the Supreme Judicial Body of the Russian Federation. This authority has significantly greater powers compared to other bodies. Supervisory complaints are filed in relation to sentences that have already entered into legal force, subject to a preliminary appeal by filing an appeal with the Supreme Court of the Russian Federation. The applicant must indicate all decisions that existed at the time of filing the complaint and entered into legal force, which were adopted by the decision of the Lower Court. It is these decisions that serve as the main subject for review in the supervisory order.

Grounds for reversing or changing a sentence

This is stated in Article 389.15 of the Code of Criminal Procedure of the Russian Federation. Before writing a complaint, you need to study this norm of procedural law and compare the violations that are in the verdict or case with each of the grounds for its cancellation (the list is exhaustive):

Inconsistency of the court's conclusions with the actual circumstances of the case

This often means that the court made completely different conclusions compared to the indisputably established facts. For example, Filimonov A.R. provided the court with train tickets indicating a trip to the city of Krasnodar in January 2022. Despite this, the court indicated in the verdict that Filimonov was present on January 21, 2021 during the beating of the victim in the city of Simferopol, and there are no reasons why travel documents were not taken into account. Here, a reliable fact is distorted by the court, which means there are grounds for cancellation.

In another interpretation, the inconsistency of the conclusions is sometimes expressed in the presence of contradictions in the court decision. Thus, the court is obliged to comprehensively examine the evidence presented by both the defense and the prosecution, and then draw its conclusions about guilt or innocence. In some cases, in the text of the same verdict, the court refers to conclusions that contradict each other. This is also a basis for canceling a court decision.

Example . Ozerov P.O. was sentenced by the Prigorodsky District Court of Tambov for committing theft by breaking into someone else's house. The court stated this in the verdict: “…. the defendant’s position that he was not there on 04/20/2021 near house 5 on the street. Denisov, belonging to the victim, is refuted by the testimony of witness A.V. Petrov.” Further in the text, the judge indicated that the arguments of the state prosecutor that on April 20, 2021 Ozerov was on the street. Denisova, have not been confirmed by anything. In this case, there are significant contradictions, because of which it becomes unclear what the court finally came to. This verdict was overturned by the appellate court due to the discrepancy between the conclusions and the actual circumstances, which was expressed precisely in the presence of contradictory conclusions.

Significant violation of criminal procedure law

There are practically no criminal cases in which there is not a single violation of the Code of Criminal Procedure committed by the investigator or interrogating officer (with rare exceptions). At the same time, not every violation of the criminal procedural law entails an acquittal. The Supreme Court directs district courts to consider each piece of evidence for admissibility and relevance to the fact of the crime, and to draw conclusions only on the basis of an analysis of all the evidence. Sometimes the judges themselves violate the trial procedure, which is considered a significant violation of the law.

An example of an unconditional basis for reversing a court decision is:

absence of the judge's signature in the minutes of the court hearing;
failure to explain the rights of the convicted person;
absence of a lawyer during questioning at a court hearing, or refusal of a request to become familiar with the case materials;
consideration of the case by a judge who has previously participated in the proceedings (for example, as a secretary or prosecutor);
failure to give the defendant the last word.

This is not an exhaustive list of violations that are considered material. In each specific case, this issue is resolved individually.

Misapplication of criminal law

We are talking about incorrect qualification of the crime or an incorrect conclusion regarding the application of the general norm of the Criminal Code of the Russian Federation - for example:

recidivism of crimes is unreasonably taken into account when in fact there are no signs of it (or vice versa, recidivism is not taken into account when it is present);
mitigating or aggravating circumstances are incorrectly determined;
the rules for adding up punishments for several crimes or for several decisions were incorrectly used;
the type of colony is incorrectly determined, etc.

Circumstances indicating the need to return the case to the prosecutor

Such circumstances arise when the investigation commits such violations of the criminal procedural law, in the presence of which no decision can be made at all (neither acquittal, nor conviction, nor termination). For example, when a case is sent to court, the indictment of which does not indicate the place, time, or method of committing the illegal act. In this case, it is clear from the materials that a crime has been committed and there is evidence of guilt, but a decision cannot be made, because objective circumstances have not been established or are not reflected in the accusation. The judge may return the case to the prosecutor even if a copy of the indictment is not served on the defendant.

Failure to comply with the terms of a pre-trial agreement with the investigation

If the defendant agrees to cooperate with law enforcement agencies and signs an agreement to this effect, he is obliged to expose other participants in the crime, help in solving the incident and in discovering material evidence. In exchange for this, the law allows the perpetrator to be assigned no more than half the maximum punishment, which is provided for in the article of the Criminal Code of the Russian Federation. If a verdict is passed, but the appellate instance notices a failure to comply with the terms of the pre-trial agreement, it has the right to cancel the decision of the first instance.

Unfairness of the verdict

This is the basis that is most often mentioned in the complaints of convicted persons. The Code of Criminal Procedure of the Russian Federation provides that the sentence may be changed or canceled if it is determined to be excessively severe. For example, when a person brought to justice for the first time is sentenced to actual imprisonment, or a sentence is determined for a convicted minor without taking into account special benefits, etc.

In some cases, victims may appeal the verdict due to excessive leniency. This is also a basis for cancellation if the appeal reveals an unreasonable understatement of the term - for example, when unconfirmed mitigating circumstances, the non-existent illness of the accused, etc. were taken into account when assigning a sentence.

What violations of the court can be appealed against?

it was revealed that there are many contradictions in the criminal case;
there are inconsistencies between the facts and the evidence presented by the prosecution in court;
there is anecdotal evidence that was ignored by the miracle;
the absence of some court records was revealed;
the judge incorrectly interpreted the law of the Criminal Code of the Russian Federation, distorted reality or incorrectly interpreted the facts;
obvious violations of the procedure for conducting a hearing, pre-trial process or investigation have been identified, and the applicant has irrefutable evidence of this fact;
trials were conducted without the accused or the victim;
the main witnesses in the criminal case were not heard or the legitimate reasons for terminating the proceedings were not taken into account;
the sentence is too lenient or harsh;
inadmissible evidence was taken into account or a number of facts were hidden;
it was revealed that one of the witnesses provided deliberately false information, they were bribed, or there was influence on persons participating in the process;
the verdict lacks explanations that would make it clear why certain facts were given importance and others were ignored;
a lawyer did not participate in the process, although there was no refusal from the convicted person;
any infringement of rights or other facts indicating that the rights of the defendant have been violated;
circumstances indicate that the crime was classified incorrectly.

Samples of appeal in a criminal case

We present to the reader various sample options:

Complaint from a convicted person (most often filed)

To the judicial panel of the Arkhangelsk Regional Court in the case of Morozov N.G.

APPEAL

By the verdict of the Zavodsky District Court of Arkhangelsk dated April 12, 2021, I was convicted under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years of imprisonment in a maximum security correctional colony.

From the very beginning of the investigation, I admitted my guilt in committing robbery and helped identify and detain the remaining members of our criminal group. At the court hearing, I confirmed my grateful position, apologized to the victim, agreed with the claim and am ready to pay her for the damage caused.

I do not agree with the court’s verdict, since all the above circumstances were not taken into account when assigning me such a severe punishment. Please also take into account that I have a heart disease (I am attaching medical documents), which was diagnosed after the verdict was announced. In addition, I am dependent on my elderly parents, whom I have supported in recent years and helped around the house. They can't cope without me.

Based on the above, guided by Art. Art. 389.1 and 389.18 Code of Criminal Procedure of the Russian Federation,

ASK:

The verdict of the Zavodsky District Court of Arkhangelsk dated April 12, 2021 is amended: to reduce the sentence imposed on me to 2 years in prison.

The appeal will be considered in my presence and in the presence of my lawyer.

Convict Morozov N.G., 04/17/2021.

Victim's appeal

Basically, people affected by the crime are dissatisfied with the decision in terms of a civil lawsuit or, in their opinion, too lenient a punishment for the perpetrator. Almost always, the complaint of the injured party is filed against an acquittal.

To the judicial panel for criminal cases of the Voronezh Regional Court of the victim Nikolsky G.O. in the case against Rodionov E.L., Mishin R.R.

APPEAL

By the verdict of the Zarechensky District Court of Voronezh dated April 20, 2021 Rodionov E.L. and Mishin R.R. convicted under Art. 158 of the Criminal Code of the Russian Federation to 2 years in prison, for attempted murder, these persons were acquitted for lack of corpus delicti.

I believe that the court’s decision does not meet the requirements of legality, validity and fairness, as required by Article 297 of the Code of Criminal Procedure of the Russian Federation.

The court concluded that there were no signs of a crime under Art. 105 of the Criminal Code of the Russian Federation, contrary to the factual circumstances that were established by the investigation.

Thus, in the confession of the convicted Rodionov E.L. it is indicated that he, together with Mishin R.R. had the intention of causing my death, that is, killing me. From the testimony of witness N.E. Matrosov. it follows that he heard how Rodionov and Mishin agreed among themselves to commit the murder. From the conversation it was clear that Rodionov would have to bring a hunting rifle to house 50 on the street on September 30, 2020. Spring, that is, to my place of residence.

Thus, the court, acquitting Rodionov and Mishin under Part 3 of Art. 30, part 1 art. 105 of the Criminal Code of the Russian Federation, did not take into account the factual data, made incorrect conclusions, thereby depriving me, as a victim, of the right to restore social justice and compensation for the moral damage I suffered as a result of the failed attempt on my life.

Based on the above, guided by Art. Art. 389.1, 389.16 Code of Criminal Procedure of the Russian Federation

ASK:

The verdict of the Zarechensky District Court of Voronezh dated April 20, 2021 is canceled and the case is sent for a new trial to the same court with a different composition.

I ask you to consider the complaint in my absence.

Nikolsky G.O., 04/25/2021

Brief appeal

It happens that a participant in the process has not yet received a copy of the verdict, and the 10-day appeal period is already coming to an end. Yes, we have already written that you can file a petition for its restoration, but this option is more suitable for those who find out about the trial by chance. If you control the deadline and see that it is expiring, it is permissible to write a short appeal, without indicating specific circumstances and facts, and after receiving a copy of the verdict, write an additional one. This way, you will not have to apply to reinstate the 10-day period, since the complaint will be considered filed on time.

To the Judicial Collegium of the Samara Regional Court of the Legal Representative of a convicted minor S.N. Makarov, born in 2002.

SHORT APPEAL

I, Elena Viktorovna Makarova, am the legal representative of S.N. Makarova, convicted by the verdict of the Zavodsky District Court of Samara dated April 25, 2021, who was found guilty of committing robbery under paragraph “g” of Part 2 of Art. 161 of the Criminal Code of the Russian Federation.

I believe that the sentence does not meet the requirements of legality, validity and fairness and must be cancelled. The court committed significant violations of the criminal procedural law, incorrectly applied the criminal law, and the conclusions do not correspond to the actual circumstances of the case.

I undertake to submit the full text of the appeal after receiving a copy of the verdict.

Makarova E.V., mother of minor Makarova S.N.

05.05.2021

After you receive a copy of the verdict, you need to write an addition to your short appeal. If such additions are not received, the court has the right to return the short version to the author without consideration.

To the Judicial Collegium of the Samara Regional Court of the Legal Representative of a convicted minor S.N. Makarov, born in 2002.

ADDITIONAL APPEAL

On 05/05/2021, I, Elena Viktorovna Makarova, the legal representative of the convicted S.N. Makarov, filed a short complaint of disagreement with the verdict of the Zavodsky District Court of Samara dated 04/25/2021.

I received a copy of the verdict on 05/07/2021. As an addition, I draw the attention of the judicial panel to the following violations of the law committed by the court of first instance.

When assigning a punishment to the minor Makarov, the court did not take into account mitigating circumstances - his minority and full compensation for the harm to the victim. The case contains a receipt from the victim R.P. Nemov. that the cost of the stolen TV was reimbursed to him, my son apologized to him and Nemov does not insist on strict punishment.

Thus, the verdict of the Zavodsky District Court of Samara dated April 25, 2021, which sentenced my son S.N. Makarov, born in 2002, to imprisonment in a correctional colony, is unfair and does not correspond to the personality of the convicted person.

Based on the above, guided by Art. Art. 398.1, 389.18 Code of Criminal Procedure of the Russian Federation

ASK:

The verdict of the Zavodsky District Court of Samara dated April 25, 2021 regarding Sergei Nikolaevich Makarov, born in 2002, is amended.

Apply the rules of Art. 73 of the Criminal Code of the Russian Federation, assign a probationary period to the convicted person.

I ask you to consider the complaint in my presence.

Makarova E.V., legal representative of the minor Makarova S.N.

08.05.2021

An additional appeal may be filed no less than 5 days before the scheduled hearing date. Otherwise, the addition remains without the attention of the judicial panel. In addition, the addition cannot include grounds that were not written about in the short complaint. Therefore, in the initial text you need to indicate all the reasons for cancellation at once (we wrote about them above) so as not to face the return of the complaint.

What would serve as a compelling argument for overturning the verdict?

Any lawyer or notary can tell you how to write an appeal.

A valid reason for overturning a decision in a case is the following:

Incorrect determination of circumstances that are significant for the case
The court's conclusions are not true

Definitely, for success in an appeal hearing, it is best to find a highly qualified lawyer who knows his job intimately. Know your rights, this will help you achieve justice, and you can view the appeal form on the Internet. Today there are plenty of forms and samples to fill out on the Internet.

The decision of the court of appeal gains legality and begins to take effect from the day the verdict is rendered.

It can be successful for you if you approach this issue responsibly and are able to express weighty arguments. Do not lose heart and do not get lost, because in this way you give the court the opportunity to doubt your innocence.

Of course, it is very difficult to prove it yourself, and not every lawyer can be counted on. Therefore, you can spend a lot of time searching for a highly qualified lawyer. But you can definitely trust the protection of your interests only to a reliable specialist.

Description of the procedure for drawing up an appeal against the decision of the tax authority on an on-site or desk audit:

An appeal is a special form of appeal to the court of appeal, which is a higher authority reviewing the courts of first instance.

Filing an appeal is usually a complex undertaking. It is important to take into account all the mistakes that the court made when making its decision. It is important to present it correctly. Use samples carefully

Objections

By analogy with civil proceedings, where the opposite party almost always responds to a claim in writing, each participant in a criminal proceeding has the right to file objections to an appeal.

Essentially, this is a disagreement with the appeal. Criminal procedural legislation does not provide for strict rules for filing objections. The right to object is enshrined in Art. 389.7 Code of Criminal Procedure of the Russian Federation. Objections can be filed at any time before the case is considered on appeal. If, for example, you forgot to indicate something in the first objections, you can submit additional ones, and their number is not specified by law.

The text itself is compiled in free form. The main thing is to make it clear what you are writing about and what case and verdict your opinion relates to. Sample:

To the judicial panel of the Arkhangelsk Regional Court in the case of Morozov N.G.

OBJECTIONS TO THE APPEAL COMPLAINT of the convicted Morozov N.G. in accordance with Art. 389.7

By the verdict of the Zavodsky District Court of Arkhangelsk dated April 12, 2021 Morozov N.G. convicted under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years of imprisonment in a maximum security correctional colony.

In his appeal, the convict writes that he admitted guilt and contributed to solving the crime, and apologized to me as the victim. In addition, Morozov wrote about his state of health and asks to reduce the sentence to 2 years in prison.

With the arguments of the convicted Morozov N.G. I disagree. Firstly, no apologies to N.G. Morozov. didn't bring it to me. Moreover, during the trial, I received threatening calls on my cell phone in order to change my testimony. I believe that the initiator of these anonymous calls was N.G. Morozov.

Secondly, I was not compensated for material damage: the convict never told the investigation where the property stolen from me was located, therefore there was no assistance in the investigation from N.G. Morozov. did not have.

Thirdly, Morozov N.G. is a dangerous criminal who has been repeatedly convicted of acquisitive crimes, including robbery. During the robbery he behaved aggressively, I really feared for my life. I believe that persons like Morozov should be given a long term of imprisonment.

I completely agree with the verdict and believe that there are no grounds for reducing Morozov’s sentence.

Based on the above, guided by Article 389.7 of the Code of Criminal Procedure of the Russian Federation,

ASK:

The verdict of the Zavodsky District Court of Arkhangelsk dated April 12, 2021 is left unchanged, the appeal of the convicted Morozov N.G. - without satisfaction.

Victim Morozova P.R., 04/25/2021.

To formulate objections, you need to know what the other party to the proceedings is writing about in their complaint. The court must give you a copy of it before sending the case to the judicial panel of a higher authority. If for some reason a copy of the complaint was not served, you must contact the assistant or secretary of the judge who passed the sentence.

Compilation

When drawing up an application for appeal, you should be guided by Art. 389.6 and 389.15 of the Criminal Procedure Code of the Russian Federation.

According to Art. 389.6, the following information must be included in the complaint:

full name of the judicial authority (addressee);
surname, name, patronymic (if any) of the applicant, address of his residence/stay and procedural status (victim, civil plaintiff, prosecutor, accused, suspect, defense attorney, etc.)*;
information about the contested sentence/ruling/decision and the court that issued it;
grounds of appeal (see below);
list of documents and materials attached to the application

* - if the applicant is a person who was not a participant in the trial, the complaint must indicate the reasons for the appeal, that is, what exactly his rights and legitimate interests were violated by the contested judicial act.
The application may also contain requests from the addressee, for example:

on re-examination of evidence presented in the court of first instance;
on calling witnesses and experts;
on the inclusion of new evidence (if there are compelling arguments about the impossibility of providing it during the initial hearing of the case);
on the participation of a prisoner in appeal proceedings, etc.

The full text of the application must indicate the date of its submission and the signature of the applicant.

When filing a complaint, it is extremely important to comply with the above requirements and notes. Otherwise, the judge has the right to return it to the addressee and set a deadline for eliminating the violations. The inaction of the applicant in this case is regarded accordingly: the act of reviewing the case will be considered not filed, and the contested decision will be considered to have entered into legal force.

Contents of Art. 389.15 of the Code of Criminal Procedure of the Russian Federation - determining the appeal. It indicates the grounds for starting a trial at the second instance and is the basis for constructing the applicant’s position, which is then expressed in the filed complaint.

According to its instructions, the reason for an appeal may be:

serious violation of the Code of Criminal Procedure of the Russian Federation;
unfairness of the verdict;
illogicality of the judge’s conclusions (when their obvious inconsistency with the facts established by the court is noted);
incorrect application and interpretation of the Criminal Code of the Russian Federation and other current regulations;
the emergence of new circumstances that significantly change the nature of the crime;
failure by a party to the proceedings to comply with the conditions established by the pre-trial agreement.

Procedure for considering an appeal

The basic rules for considering a case in the second instance are as follows:

If an appeal is ordered by a district court (for example, when a decision of a magistrate is appealed), then the hearing of the second instance begins no later than 15 days from the moment the criminal case is received by the office. If an appeal is scheduled in a regional or regional court, then no later than 30 days (in the Supreme Court - 45 days). During this period, you can file a withdrawal of the appeal if the opinion of its author has changed and for some reason he has changed his mind about revising the verdict.
How long does the appeal take? It is expected that the decision of the second instance will be made on the appointed day. At the same time, in some cases, if additional examination of the case materials is necessary, if there is a valid reason for the non-appearance of the participant who insisted on his presence, the case may be postponed to another date, within a two-week period. The period for consideration of a complaint against a preventive measure is 3 days from the day the material is received by the regional court office.
When scheduling a hearing, the Court of Appeal must notify all participants at least 7 days before the date of the hearing. Convicts held in a pre-trial detention center can participate in the hearing via conference call - that is, they are not actually taken to the courtroom.
The public prosecutor, defense attorney, and legal representative of the convicted minor always participate in the court hearing. The convicted person and the victim participate if there is a request for their presence. In some cases, the court may recognize the participation of the convicted person as mandatory (most often this happens) regardless of whether such a request has been received.
At the beginning of the court hearing, the secretary announces who has appeared. The judge reports what case is being considered and whose complaint was received and who raised objections.
In an appeal, motions and statements can be made. For example, about the study of certain evidence, the protocol of the court session of the initial trial, etc.
The court hears the opinions of the parties to the case, which usually coincide with the content of their complaints or objections. You can withdraw your complaint at any time before the judge (or the panel of judges, if it is a regional court) is removed to the deliberation room. This can be done orally - then the statement will be recorded in the protocol. In case of refusal, the proceedings are terminated unless there are other complaints.
After examining the case materials and other evidence, the court proposes to move on to the debate, that is, to the final statements regarding the decision of the trial court. The first to speak is the one who appealed the verdict. At the end, the convicted person is given the last word.
The court retires to the deliberation room, returns after some time (from several minutes to several hours), announces a decision by which:
the sentence was overturned and a new sentence was ordered;
the verdict was upheld.

On the day of proclamation, the appeal decision comes into force. From now on, the verdict can be appealed again, but in cassation.

Complaint to the Court of Appeal - additional materials

In addition to the complaint itself and knowledge of its preparation and submission, the applicant will need additional information on the consideration of the complaint in the appellate court.
Please note the specifics of filing an appeal with magistrates. For more information about the appeal: Appeal.
Consideration of appeals: Procedure for appeal.

About a sample objection to an appeal: Objections to an appeal.

Download a sample complaint against a decision of a magistrate: Appeal against a decision of a magistrate.

Theory and practice of appealing against a ruling of the first instance: Private complaint against a court ruling.

About appealing appellate rulings: Cassation appeal in a civil case.

Result

The outcome of the appeal proceedings may be:

its termination;
reversal of the contested sentence and imposition of a new, worsening, position of the convicted, acquitted or suspected person, in whose direction the criminal case was terminated at first instance;
change of decision or sentence;
reversal of the verdict and transfer of the case to the court that issued the appealed act;
cancellation of the act and return of the case to the prosecutor;
reversal of the decision and termination of the criminal case;
reversal of a judge's acquittal based on a jury's acquittal.

If the decision made at the second instance, in the opinion of one of the parties to the trial, turned out to be unlawful or violated the legal rights of another person, it can be appealed at the third instance through cassation proceedings. There is no deadline for submission.

Documents and evidence

All arguments and circumstances specified in the complaint must be confirmed documented, visually (through objects, photographs or videos) or with the help of reliable testimony of witnesses.

The accompanying package of documents should include:

copies of the appeal (according to the number of participants in the process);
testimony of witnesses, presented on paper and signed by them personally;
other significant documentary evidence and copies of materials.

It is important to remember the inadmissibility:

evidence obtained illegally;
testimony of the accused/suspect, given by him in the absence of a lawyer during pre-trial proceedings (applicable also to cases of the suspect’s refusal to have a lawyer who was not confirmed by him at the official hearing of the case);
testimony of witnesses citing an unreliable source or hiding it;
material and intangible evidence obtained during operational search and investigative actions (except for instruments of crime and objects containing traces of crime).

Sample

To draw up an appeal, you can use the following sample

Deadlines for appeal

The time for reviewing an unlawful judicial act at the second instance is not established by law. But in Art. 389.10 of the Code of Criminal Procedure of the Russian Federation determines the start date for the appeal process in the case. For a district court it is 15 days from the date of receipt, for the supreme court of the subject - 30 days, for the Armed Forces of the Russian Federation - 45 days.

In this case, the specified period of time begins to flow not from the moment the complaint is brought to the court of first instance, but from the moment it is received by the final addressee, that is, upon the expiration of the deadline for filing an application for challenge (before the case cannot be recovered from the court by law).