Grounds for filing a cassation appeal in a criminal case
When considering criminal cases, it often happens that the parties do not agree with the verdict. But a request for a review of the case can only be made if there are serious grounds. These include:
- the use of unreliable facts, inadmissible evidence, false testimony that influenced the outcome of the trial;
- a violation of the rights of the client and/or his lawyer has been recorded;
- procedural norms for conducting criminal cases are not observed;
- the judge applied the wrong legislative norm of the Criminal Code of the Russian Federation, which was appropriate in this context;
- discrepancy between the crime committed and the punishment received.
Consideration of cassation: when it is necessary to cancel an appeal ruling or court decision
A cassation complaint has much in common with an appeal, which is why they are often confused. But the main difference between a cassation appeal is that it works only with the basis that was available before the decision was made. Will not take into account the circumstances that opened after this. So you will have to take into account the testimony and evidence that already exists when non-compliance with procedural norms is discovered. In this case, the decision is canceled or they undertake to revise it. Cassation will be considered if the case under consideration violated the following norms:
- Did not accept or incorrectly used the norms of the law in the field of protection of material rights;
- The legal provisions regarding the case in question were incorrectly interpreted;
- There is no record of the court hearing in the case under consideration;
- The court hearing the case was not composed correctly or one of the participants, who must be present there without fail, was absent from the meeting;
- The court conference was held without secrecy;
- The participant who was absent from the meeting was not notified of the place and date of the meeting (that is why he could not come).
It must be taken into account that the cassation procedure for considering a complaint is a rather lengthy and difficult process. The reason is also that courts rarely refuse decisions made by lower authorities. That is why, in order to achieve justice, it is often necessary to use the qualified help of a specialist. Especially if you need to make a complaint, indicate which points were violated, etc.
Remember, a refusal in the cassation court does not mean that it is impossible to achieve what you want. You can always file documents in the Supreme Court. It is impossible to challenge his decisions.
Time limits for cassation appeal in criminal proceedings
The law does not actually limit the rights of citizens to appeal sentences in criminal cases. According to current regulations, there are no time limits for reviewing a decision. But in practice, it is necessary to act within the standard 10 days, which are counted from the moment the verdict is announced.
The cassation appeal will be accepted later, provided that there are compelling reasons explaining why the applicant did not apply for review earlier. The following are considered valid grounds:
- illness or injury;
- severe physiological or psychological disorders.
The court will restore the terms of application if there are other compelling reasons, if they are proven documented.
Article 401.3 of the Code of Criminal Procedure of the Russian Federation. The procedure for filing a cassation appeal, presentation
Code of Criminal Procedure>PART THREE of the Criminal Procedure Code of the Russian Federation. JUDICIAL PROCEEDINGS >Section XV of the Code of Criminal Procedure of the Russian Federation. REVIEW OF COURT SENTENCES, DECISIONS AND DECISIONS THAT HAVE ENTERED INTO FORCE >Chapter 47.1 of the Code of Criminal Procedure of the Russian Federation. PROCEEDINGS IN THE COURT OF CASSATION >Article 401.3. The procedure for filing a cassation appeal, presentation
1. Cassation appeals or presentations are filed directly with the cassation court, which is authorized, in accordance with part two of this article, to review the appealed court decision.
2. Cassation appeals and presentations are submitted to:
1) verdict and ruling of a magistrate, sentence, ruling and ruling of a district court, appeal rulings and rulings, as well as interim judicial decisions of the supreme court of the republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district, issued by them in the course of criminal proceedings as a court of first instance, - respectively, to the presidium of the supreme court of the republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district;
2) court decisions specified in paragraph 1 of this part, if they were appealed in cassation to the presidium of the supreme court of the republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district; a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, if these court decisions were not the subject of consideration by the Supreme Court of the Russian Federation on appeal; decisions of the presidium of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district - to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation;
3) the verdict, ruling and ruling of the garrison military court, appeal decisions and rulings of the district (naval) military court - to the presidium of the district (naval) military court;
4) interim judicial decisions of the district (naval) military court, rendered by it during criminal proceedings as a court of first instance - to the presidium of the district (naval) military court;
5) court decisions specified in paragraph 3 of this part, if they were appealed in cassation to the presidium of the district (naval) military court; a verdict or other final judicial decision of a district (naval) military court, if they were not the subject of consideration by the Supreme Court of the Russian Federation on appeal; decisions of the presidium of the district (naval) military court - to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.
< Article 401.2. The right to appeal to the cassation court
Section 401.4. Contents of the cassation appeal, presentation >
The right to file a cassation appeal in court
There are many people involved in criminal trials, but not all of them can file an appeal requesting a review of the case. By law, the list of persons who have the right to file a complaint includes:
- The convicted person or his representatives, including a lawyer.
- The victim or those who represent his interests.
- Relatives of one of the parties, if the convicted person or victim has died or is in serious condition.
- Prosecutor (prosecutor).
- Private prosecutor or defense attorney, with a notarized power of attorney.
- Persons whose interests suffered after the announcement of the verdict.
Everything about criminal cases
Go to the text of the Code of Criminal Procedure
Url Additional information:
- Part 1 401.3 Code of Criminal Procedure
Institutions for filing cassation complaints:
Cassation in cases of district jurisdiction ( Part 2 31 of the Code of Criminal Procedure
)
I). First stage: cassation court of general jurisdiction
- Clause 1 Part 1 401.3 Code of Criminal Procedure
cassation appeals to the district court of cassation:
- Clause 1 Part 1 401.3 Code of Criminal Procedure
against decisions of the magistrate's court: to the district cassation court
- Clause 1 Part 1 401.3 Code of Criminal Procedure
against decisions of the district court: to the district cassation court
- Clause 1 Part 1 401.3 Code of Criminal Procedure
on decisions of the regional court: to the district cassation court
- Clause 1 Part 1 401.3 Code of Criminal Procedure
on decisions of the court of appeal: to the cassation district
II). Second stage: judicial panel for criminal cases of the Armed Forces
— clause 2, part 1 401.3 Code of Criminal Procedure
cassation appeals filed with the Supreme Court:
— clause 2, part 1 401.3 Code of Criminal Procedure
after the district cassation court: cassation to the Supreme Court
— clause 2, part 1 401.3 Code of Criminal Procedure
on the decision of the cassation district: cassation to the Supreme Court
Cassation in cases of regional jurisdiction
(
Part 3 31 Code of Criminal Procedure
)
— clause 2, part 1 401.3 Code of Criminal Procedure
against the verdict of the regional court: cassation directly to the Supreme Court
— clause 2, part 1 401.3 Code of Criminal Procedure
against the decision of the court of appeal: cassation to the Supreme Court
Military courts
— clause 3, part 1 401.3 Code of Criminal Procedure
on decisions of the garrison court: to the military court of cassation
— clause 4 part 1 401.3 Code of Criminal Procedure
after a military court of cassation: cassation in the Supreme Court
Through the court of first instance
- Part 2 401.3 Code of Criminal Procedure
filed through the court of first instance:
- clause 1, part 2 401.3 Code of Criminal Procedure
complaints to the court of cassation: against decisions of the court of first instance
- clause 1, part 2 401.3 Code of Criminal Procedure
complaints to the court of cassation: on the results of the appeal in the regional court
— clause 2, part 2 401.3 Code of Criminal Procedure
complaints to the Supreme Court: against the final decisions of the regional
— clause 2, part 2 401.3 Code of Criminal Procedure
complaints to the Supreme Court: against decisions of the court of appeal
Directly to the cassation court
- Part 3 401.3 Code of Criminal Procedure
are submitted immediately to the cassation court:
- clause 1, part 3 401.3 Code of Criminal Procedure
complaints against interlocutory decisions
— clause 2, part 3 401.3 Code of Criminal Procedure
complaints to the Supreme Court: against decisions of the first instance court
— clause 2, part 3 401.3 Code of Criminal Procedure
complaints to the Supreme Court: on the results of the appeal in the regional court
— clause 2, part 3 401.3 Code of Criminal Procedure
complaints to the Supreme Court: against decisions of the court of cassation
Two different cassation procedures
— clause 2
Plenum No. 19 full cassation, without preliminary decision
— clause 2
Plenum No. 19 selective cassation, with a preliminary decision
Deadlines for cassation appeal
- Part 4 401.3 Code of Criminal Procedure
appeal period - 6 months from entry into force or delivery
- Part 5 401.3 Code of Criminal Procedure
a deadline missed for a valid reason can be restored
- Part 6 401.3 Code of Criminal Procedure
if the deadline is missed, then the complaint is through selective cassation
Complaint Scheme
Simple scheme
where to file cassation appeals
REMINDER
How to file a cassation appeal
— step-by-step algorithm
Article 401.3 of the Code of Criminal Procedure. The procedure for filing a cassation appeal, presentation
1) Cassation appeal, presentation are submitted:
Url Additional information:
— P.
If there was no I-stage, then you should go to the district court
First stage
1st stage of cassation: to the cassation court
general jurisdiction (
clause 1, part 1 401.3 of the Code of Criminal Procedure
)
1). To the judicial panel for criminal cases of the relevant cassation court of general jurisdiction:
- on the decisions of the magistrate,
- on decisions of the district court,
- on decisions of the regional court,
- on decisions of a court of appeal of general jurisdiction,
(except for a sentence or other final court decision of a regional court issued in the course of criminal proceedings as a court of first instance, as well as a sentence or other final court decision of a general jurisdiction court of appeal made as a result of the review of such a decision);
Url Additional information:
If there has already been one attempt at cassation
— P.
Of course, if there has already been an I-stage, then you should apply to the Supreme Court
Second stage
II stage of cassation: to the Judicial Collegium of the Supreme Court ( clause 2, part 1 401.3 of the Code of Criminal Procedure
)
2). A cassation appeal or presentation is submitted to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation:
- against the court decisions specified in paragraph of this part, if they were appealed in cassation to the judicial panel
for criminal cases of the cassation court of general jurisdiction;
- on a verdict or other final judicial decision of a regional court issued in the course of criminal proceedings as a court of first instance;
- on a verdict or other final court decision of a general jurisdiction court of appeal, rendered as a result of the review of such a decision;
- for a determination by the judicial panel for criminal cases of the cassation court of general jurisdiction
.
3). A cassation appeal or presentation is submitted to the military court of cassation:
- on the verdict, determination and decision of the garrison military court;
- on the verdict, determination and decision of the district (naval) military court;
- on the verdict, determination and decision of the military court of appeal
(except for a sentence or other final court decision of a district (naval) military court issued during criminal proceedings as a court of first instance, as well as a sentence or other final court decision of an appellate military court issued as a result of a review of such a decision);
4). Complaints or submissions are submitted to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation:
- against the court decisions specified in paragraph of this part, if they were appealed in cassation to the military court of cassation;
- on the verdict or other final court decision of the district (naval) military court, rendered by it in the course of criminal proceedings as a court of first instance;
- on the verdict or other final court decision of the military court of appeal, rendered as a result of the review of such a decision;
- for a ruling by the military court of cassation.
Url Additional information:
— Part 1 401.8 Code of Criminal Procedure
based on complaints filed in accordance with
Part 2 401.3,
a meeting is scheduled
2) Filed through the court of first instance and considered in the manner prescribed by Articles 401.7, 401.8 of the Code of Criminal Procedure:
1). cassation appeals, submissions to the criminal collegium of the relevant cassation court of general jurisdiction or to a military court of cassation:
- if the verdict or other final court decision of a magistrate, district court, garrison military court is appealed;
Url Additional information:
- Part 3 of Article 28 N 1-FKZ appeal against decisions of district courts - to the regional court
- clause 2, part 2 389.3 against the verdict of the district court, appeal - to the regional court
- if a verdict or other final judicial decision of a regional court, district (naval) military court, rendered on appeal, is appealed;
2). cassation appeals, submissions to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation:
- if a verdict or other final judicial decision of a regional court, district (naval) military court, rendered during criminal proceedings as a court of first instance is appealed;
- if a verdict or other final court decision of a court of appeal of general jurisdiction, a military court of appeal, rendered as a result of the review of such a court decision is appealed.
Url Additional information:
— Part 1 401.10 Code of Criminal Procedure
complaints filed in accordance with
Part 3 401.3
are being studied
3) They are submitted directly to the cassation court, which is authorized in accordance with Part 1 of this article to review the appealed court decision, and are considered in the manner prescribed by Articles 401.10 - 401.12 of the Code of Criminal Procedure:
1). cassation appeals, submissions - against interim court decisions;
2). cassation appeals, submissions to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation:
- on a verdict or other final judicial decision of a magistrate, district court, garrison military court;
- on a verdict or other final judicial decision of a regional court, district (naval) military court, rendered on appeal;
- on the determination of the judicial panel for criminal cases of the cassation court of general jurisdiction, the determination of the military court of cassation, made based on the results of the review of court decisions listed in this paragraph.
Url Additional information:
6 months
Appeal period
in cassation stage I is 6 months
4) Cassation appeal, presentation, subject to consideration in the manner provided for in Articles 401.7 of the Code of Criminal Procedure and 401.8 of the Code of Criminal Procedure, may be filed:
- within 6 months from the date of entry
into force of the verdict or other final court decision;
Url Additional information:
— Part 1.1 393 Code of Criminal Procedure
sent to the administration of the pre-trial detention center for delivery to the convicted person
- and for a convicted person in custody - within the same period from the date of delivery to him of a copy of such a court decision that has entered into legal force.
Url Additional information:
— clause 9
Plenum No. 19, upon return, the judge explains the right to restore the term
5) The deadline for a cassation appeal, established by Part 4 of this article, missed for a good reason, may be restored by the judge of the court of first instance at the request of the person who filed the cassation appeal or presentation. The refusal to restore it may be appealed in the manner prescribed by Chapter 45.1 of the Code of Criminal Procedure.
6) In case of missing the deadline established by Part 4 of this article, or refusal to restore it, the cassation appeal, submission against the verdict or other final court decision is submitted directly to the cassation court and is considered in the manner prescribed by Articles 401.10 of the Code of Criminal Procedure - 401.12 of the Code of Criminal Procedure
.
Return to the text of the Code of Criminal Procedure
Seek advice
Form and content of the cassation appeal
A cassation appeal, like a statement of claim, is drawn up in any order in compliance with the established structure of the text. But drawing up such a document on your own is extremely difficult. Higher courts will reject a complaint if there is the slightest error or inconsistency, so it is better to turn to specialists for its preparation.
The cassation is compiled according to the following structure:
- The header indicates the authority where the document is being submitted and on whose behalf.
- The text begins with a description of the essence of the criminal case in which cassation has been filed, with document numbers.
- The second block contains arguments that indicate the need for revision.
- In the final part, the expert draws conclusions about what, in his opinion, the sentence should be.
Each point is confirmed by references to legislative acts. The text should be clear, without water and reasoning.
The Supreme Court has adjusted the practice of considering criminal cases in cassation
On June 25, the Supreme Court of the Russian Federation adopted the Resolution “On the application of the norms of Chapter 47.1 of the Code of Criminal Procedure of the Russian Federation governing proceedings in the court of cassation.”
As AG previously wrote, the document was prepared in connection with the introduction of cassation and appeal courts of general jurisdiction, in order to uniformly apply the legislation regulating the cassation procedure for reviewing procedural decisions that have entered into legal force. Based on the results of consideration in the first reading on June 4, the draft was sent for revision.
The resolution notes that significant changes made to the procedure for judicial proceedings in cassation, regulated by the norms of Chapter. 47.1 of the Code of Criminal Procedure are aimed at creating conditions for the functioning of courts based on the principles of independence and autonomy, as well as strengthening guarantees for the implementation of constitutional rights to judicial protection and increasing the efficiency of the mechanism for ensuring the legality of court decisions.
Filing a cassation appeal
Filing a cassation appeal: deadlines
The cassation procedure requires the submission of documents within 6 months after the court decision has entered into force. If the appeal ruling is appealed, the countdown begins from the moment of adoption, and if we are talking about a court order, it will have to count down from the moment the filing of objections ceases. But missed deadlines in some situations can be restored by submitting a special application and indicating objective reasons for this.
Filing a cassation appeal: what requirements can be made
Cassation allows you to both start a new investigation of a case and initiate consideration of an old one. It is important to clearly indicate the requirement, since it is according to it that further actions will be based . That is why it is advisable to indicate that you want a new review. This way there is a greater chance that it will actually be processed correctly and considered with greater responsibility.
For example, in order to obtain a new decision on a cassation appeal, it is necessary that the case contains all the grounds for this. Because the cassation court will simply review existing data. New circumstances will not be considered, and if the old ones are not enough, you will most likely receive a refusal.
The review is carried out within a certain period, but exact figures can only be found out in relation to the legal proceedings. If a cassation appeal in a civil case is being considered, then about a month will be spent on it if the case is not requested, and two months when a request is needed. If the case is complex, the agreed terms can be extended to 6 months or even more.
