How can a victim appeal a verdict in a criminal case?
Any citizen, including the victim, has the right to have a court decision reviewed by a higher authority. When filing an appeal, his course of action will be no different from the accused.
Thanks to the latest improvements to the Code of Criminal Procedure of the Russian Federation, the court is required to notify the parties about the holding of the appeal hearing 7 days before its start. Previously, victims were in the dark and could not prepare in advance for the trial.
The cassation court hearing is notified 14 days before it starts. In this case, it is mandatory to keep a protocol; now victims can make comments there and use it if further appeal is necessary.
Note! In an additional complaint, which is filed after the expiration of the appeal period, the issue of worsening the situation of the accused cannot be raised.
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.
Time limit for appealing a court verdict in criminal proceedings
The magistrate's verdict can be appealed within 10 days. An accused who is in a pre-trial detention center will be able to file an appeal only after receiving a copy of the verdict.
A complaint submitted after the due time will be returned back to the complainant. The period for appealing a court verdict in a criminal case can be restored if there are good reasons and supporting documents.
In case of refusal, the citizen has the right to file a complaint with a higher authority.
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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.
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.
How to appeal a verdict in the appellate court in a criminal case
The process of appealing a magistrate's court decision begins with an appeal or submission, after which the sentence is suspended. The appeal is not filed with a higher authority, but directly with the court that made the decision.
This document must express the disagreement of the participant in the criminal process with the decision made and comply with a number of formal requirements. When compiling it, you will need to focus as much as possible on providing specific arguments and evidence. If the wording is vague and there are no references, the case will be denied.
On appeal, the accused can completely change his testimony. But this must be done thoughtfully, providing evidence.
Unlike the first instance, there are three judges at the judge's table. At the meeting, the opinions of each party are heard, evidence is checked, and, if necessary, witnesses and experts are questioned. At the end of the debate, the accused is given the last word, after which the judge leaves the room. As a rule, the longer they deliberate, the greater the chance of changing the verdict.
The judge announces the operative part of the decision in a few sentences, after which it immediately enters into legal force. The full text of the resolution is produced no longer than 3 days.
Based on the results of the appeal hearing, the court may:
- soften or tighten the court sentence,
- refusing the complaint is the most common option,
- send for new consideration,
- return to the prosecutor to eliminate violations committed at the pre-trial stage of criminal proceedings.
The district court considers the complaint for 15 days. Then it makes a decision to hold a trial, of which its participants are notified in advance.
An appeal is perhaps the most effective mechanism to change a court verdict. Cassation and supervision are much less likely to change or cancel it, because there new evidence is not considered.
