Chapter 39 of the Criminal Procedure Code of the Russian Federation

A court ruling in Russia has several meanings. A judicial decision refers to almost all acts adopted by the courts (except for the final decision in a civil case and the verdict in a criminal case). In addition, a resolution is a type of judicial act, depending on the process in which they are adopted: civil, arbitration or criminal. Special decisions are made by the Supreme Court (SC), clarifying controversial issues of application of laws.

In most cases, court orders can be appealed if you do not agree with them. But each type of resolution has its own deadlines and rules that are mandatory for the complaint to be accepted. It is not so easy to understand them right away. It is quite possible to file a claim yourself, but it is better to entrust the appeal to a professional lawyer.

Article 299 of the Code of Criminal Procedure of the Russian Federation. Issues resolved by the court when rendering a sentence

When rendering a verdict, the court in the deliberation room resolves the following questions: 1) whether it has been proven that the act of which the defendant is accused took place; 2) whether it has been proven that the defendant committed the act; 3) whether this act is a crime and what paragraph, part, article of the Criminal Code of the Russian Federation provides for it; 4) whether the defendant is guilty of committing this crime; 5) whether the defendant is subject to punishment for the crime he committed; 6) whether there are circumstances mitigating or aggravating the punishment; 6.1) whether there are grounds for changing the category of the crime of which the defendant is accused of committing to a less serious one in accordance with part six of Article 15 of the Criminal Code of the Russian Federation; 7) what punishment should be imposed on the defendant; 7.1) whether there are grounds for replacing the punishment of imprisonment with forced labor in the manner established by Article 53.1 of the Criminal Code of the Russian Federation; are there any grounds for passing a sentence without imposing punishment or exemption from punishment; 9) what type of correctional institution and regime should be determined for the defendant when assigning him a sentence of imprisonment; 10) whether the civil claim is subject to satisfaction, in whose favor and in what amount; 10.1) whether it has been proven that the property subject to confiscation was obtained as a result of the commission of a crime or is the proceeds of this property or was used or intended to be used as an instrument of crime or for the financing of terrorism, an organized group, an illegal armed group, a criminal community (criminal organization) ; 11) what to do with property that has been seized to secure a civil claim or possible confiscation; 12) what to do with material evidence; 13) who should bear the procedural costs and in what amount; 14) whether the court, in cases provided for in Article 48 of the Criminal Code of the Russian Federation, should deprive the defendant of a special, military or honorary title, class rank, as well as state awards; 15) whether compulsory measures of educational influence can be applied in cases provided for in Articles 90 and 91 of the Criminal Code of the Russian Federation; 16) whether compulsory measures of a medical nature can be applied in cases provided for in Article 99 of the Criminal Code of the Russian Federation; 17) whether the preventive measure against the defendant should be canceled or changed.
If the defendant is accused of committing several crimes, then the court resolves the issues specified in paragraphs 1 - 7 of part one of this article for each crime separately.
If several defendants are accused of committing a crime, then the court resolves the issues specified in paragraphs 1 - 7 of part one of this article in relation to each defendant separately, determining the role and degree of his participation in the committed act.

FAQ: Imposing a court fine with exemption from criminal liability

This material has been prepared in the form of answers from practicing lawyers to the most frequently asked questions about the possibility of releasing an accused person from criminal liability with the imposition of a court fine as a measure of a criminal law nature.

Publication date: 09/02/2019

Question: What is a court fine and in what case is it imposed on the person who committed the crime?

Lawyer's answer: First of all, you should understand that a judicial fine (Article 104.4 of the Criminal Code of the Russian Federation) and a fine (Article 46 of the Criminal Code of the Russian Federation) are different legal concepts.

A court fine is not a criminal punishment, but refers to other measures of a criminal legal nature. When a court fine is imposed, the person is released from criminal liability. A fine is applied to a person found guilty of committing a crime by a court verdict as a punishment and entails legal consequences in the appearance of a criminal record. When a court imposes a judicial fine, a person is considered not to have a criminal record.

A court fine in the form of the obligation to pay a sum of money established by the court in favor of the budget of the Russian Federation may be imposed on a person who has committed a crime of minor (maximum punishment - up to 3 years of imprisonment) or moderate (up to 5 years of imprisonment) crime for the first time, if it compensated for the damage or otherwise made amends for the harm caused by the crime.

Question: Can the accused be released from criminal liability with the imposition of a court fine if the crime did not cause property damage to anyone?

Lawyer's answer: Yes, it can. A judicial fine may be imposed by the court even if, as a result of the commission of a crime, no material damage was actually caused. For example:

if the guilty person voluntarily returned the stolen property;
if the crime was not completed by the accused;
when the crime committed (according to the disposition of the article of criminal law charged to the accused) does not imply the occurrence of material consequences.

In the latter cases, in order to impose a judicial fine, the guilty person is obliged to take actions aimed at smoothing out the consequences of the crime committed, which will indicate a reduction in the degree of public danger of the unlawful act and/or neutralization of the harmful consequences of the crime. Methods of compensation for damage and making amends for the harm caused by a crime are not limited by law in any way, but they must be legal in nature and not infringe the rights of third parties. In each case, the type and amount of compensation measures must be determined individually by both the accused himself and his lawyer (defender).

The court, for its part, evaluates whether the measures taken by the culprit are sufficient to be released from criminal liability with the imposition of a court fine.

Question: If the accused does not have funds and sources of income, the court will not be able to impose a fine on him?

Lawyer's answer: No, that's not true. The law does not impose such restrictions. At the same time, when resolving the issue of the amount of the imposed judicial fine, the court pays attention to the property status of the guilty person, and also takes into account the possibility of the culprit receiving wages or other income to pay the judicial fine.

Sample petition for release from criminal liability with the imposition of a court fine

Question: How much is a court fine?

Lawyer's answer: The amount of the court fine cannot exceed half the maximum amount of the fine provided for by the article of the criminal law under which the accused is charged. If the incriminated article does not provide for punishment in the form of a fine, then the court fine should not exceed two hundred and fifty thousand rubles. The minimum amount of a judicial fine is not regulated by criminal law, which is why the court has the authority to assign minimum amounts of money.

Question: If the accused has committed several crimes of moderate gravity, can he be released from liability with a court fine?

Lawyer's answer: Yes, it can. The presence of such a possibility in the court is evidenced by the content of the paragraph “Review of judicial practice of exemption from criminal liability with the imposition of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation)”, approved by the Presidium of the Supreme Court of the Russian Federation on July 10, 2019.

Question: Can a court impose a judicial fine with exemption from liability if the victim in a criminal case or the prosecutor is against it?

Lawyer's answer: According to the current law, the consent of the victim to the application of the provisions on a judicial fine is not required. If the material damage to the injured party is compensated in full, the court may impose a judicial fine even if there are relevant objections. When considering the case, the court must find out the reasons why the victim objects to the termination of the criminal case with the imposition of a court fine, and also evaluate, at its discretion, the sufficiency of the measures taken by the culprit to compensate for the damage or make amends for the harm to the victim.

The consent of the prosecutor, who, by virtue of the requirements of the law, expresses his opinion on the legality and validity of releasing the accused from liability with the imposition of a court fine, is also not obligatory for the court.

Lawyer Pavel Domkin

Article 300 of the Code of Criminal Procedure of the Russian Federation. Resolving the issue of the defendant's sanity

In the cases provided for in paragraph 16 of part one of Article 299 of this Code, the court discusses the issue of the defendant’s sanity if this issue arose during the preliminary investigation or trial.
Having recognized that the defendant was in a state of insanity at the time of committing the act, or that the defendant developed a mental disorder after committing the crime, depriving him of the ability to realize the actual nature and social danger of his actions (inaction) or to direct them, the court makes a decision in the manner established by Chapter 51 of this Code.

Article 301 of the Code of Criminal Procedure of the Russian Federation. The procedure for the conference of judges during a collegial consideration of a criminal case

When rendering a verdict in the deliberation room, if the criminal case was considered by the court collectively, the presiding officer raises issues for resolution in the manner established by Article 299 of this Code.
When resolving each issue, the judge does not have the right to abstain from voting, except for the cases provided for in part three of this article. All issues are resolved by majority vote. The presiding officer votes last.
A judge who voted to acquit the defendant and remained in the minority is given the right to abstain from voting on issues of application of criminal law. If the opinions of judges on the issues of qualification of a crime or the measure of punishment differ, then the vote cast for acquittal is added to the vote cast for classifying the crime under a criminal law that provides for a less serious crime, and for imposing a less severe punishment.
The death penalty can be imposed on a guilty person only by unanimous decision of all judges.
The judge who has a dissenting opinion on the verdict has the right to express it in writing in the deliberation room. The dissenting opinion is attached to the verdict and is not subject to announcement in the courtroom.

However, what do we see in practice?

Without bothering to comply with the requirements of the law, the prosecutor, in a regular letter, refuses to initiate criminal proceedings based on new circumstances, unmotivatedly citing the fact that the relevant arguments cannot serve as a reason for such initiation.

The saddest thing is that for obvious reasons, which make it extremely difficult to appeal against sentences that have entered into legal force on any grounds, the courts willingly agree with the lawless actions of the prosecutor, as they say, who does not even bother to issue a reasoned decision. It is surprising to observe how the judge of the subject’s court, deciding this issue during the appeal hearing, agrees with the position of the prosecutor at the district or city level (i.e., a lower level in the hierarchy). This state of affairs in a number of cases indicates a complete lack of independence of judges of the second link of the judicial system.

Article 302 of the Code of Criminal Procedure of the Russian Federation. Types of sentences

The court verdict may be acquittal or guilty.
An acquittal is rendered in cases where: 1) the event of the crime has not been established; 2) the defendant is not involved in the commission of a crime; 3) there is no corpus delicti in the defendant’s act; 4) a verdict of not guilty was rendered against the defendant by the jury.
Acquittal on any of the grounds provided for in part two of this article means recognizing the defendant as innocent and entails his rehabilitation in the manner established by Chapter 18 of this Code.
A conviction cannot be based on assumptions and is made only on the condition that during the trial the defendant’s guilt in committing a crime is confirmed by the totality of the evidence examined by the court.
A conviction is rendered: 1) with the imposition of a sentence to be served by the convicted person; 2) with the imposition of a sentence and release from serving it; 3) without imposing punishment.
The court renders a guilty verdict in the case provided for in paragraph 2 of part five of this article, if by the time the verdict is pronounced: 1) an amnesty act has been issued, exempting the convicted person from the punishment imposed by this verdict; 2) the time the defendant is in custody in this criminal case, taking into account the rules for offsetting the punishment established by Article 72 of the Criminal Code of the Russian Federation, absorbs the punishment imposed on the defendant by the court.
When rendering a conviction and imposing a sentence to be served by the convicted person, the court must accurately determine the type of punishment, its amount and the beginning of the calculation of the term of serving.
If the grounds for termination of a criminal case and (or) criminal prosecution specified in paragraphs 1 - 3 of part one of Article 24 and paragraphs 1 and 3 of part one of Article 27 of this Code are discovered during the trial, then the court continues to consider the criminal case in the usual manner until his permission on the merits. In the cases provided for by paragraphs 1 and 2 of the first part of Article 24 and paragraphs 1 and 2 of the first part of Article 27 of this Code, the court issues an acquittal, and in the cases provided for by paragraph 3 of the first part of Article 24 and paragraph 3 of the first part of Article 27 of this Code, - a guilty verdict with the release of the convicted person from punishment.

The content of the court verdict as a basis for changing or canceling it

In accordance with Article 14 § 3 e of the Covenant on Civil and Political Rights and Article 6 § 3 d of the Convention for the Protection of Human Rights and Fundamental Freedoms, everyone accused of a criminal offense has the right to examine witnesses against him or the right to that these witnesses be examined, and also has the right to call and examine witnesses in his favor under the same conditions as for witnesses against him. Taking into account these provisions and by virtue of part 2.1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, the court does not have the right to read out, without the consent of the parties, the testimony of a victim or witness who failed to appear, to reproduce at the court hearing materials of video recording or filming of investigative actions carried out with their participation, and also to refer to this evidence in the verdict if the defendant in the previous stages of the proceedings was not given the opportunity to challenge the testimony of these persons in the ways provided for by law (for example, during confrontations with his participation, ask questions to the victim or witness with whose testimony the defendant does not agree, and express his objections to them) .

Thus, if a witness does not appear at the court hearing, then his testimony can be read out with the consent of the defense, or provided that at the stage of investigation of the case, a confrontation was held between the defendant and this witness. As well as the death of a witness, then the defense’s consent to the disclosure of testimony is not required.

In criminal cases related to illegal drug trafficking, especially in cases of disagreement with the charges brought, it is necessary to seek the summoning and questioning of all prosecution witnesses at the court hearing, and not to agree to the disclosure of their testimony without in-person questioning.

If the prosecution fails to ensure the attendance of a witness in court and the defense does not agree to read out the testimony of such a witness, then it will not be able to form the basis of the verdict, and the prosecution will be forced to abandon the testimony of such witnesses as confirming the guilt of the defendant.

If the buyer who participated in the procurement is not questioned at the court hearing and his testimony is not read out, then the fact of sale in most cases will not be proven.

If the court based the guilty verdict on the testimony of a witness read out in violation of the requirements of Article 281 of the Code of Criminal Procedure of the Russian Federation, then such testimony is subject to exclusion, which may lead to the reversal of the court’s verdict if it has a decisive influence on the conclusions about guilt.

Article 303 of the Code of Criminal Procedure of the Russian Federation. Drawing up a sentence

After resolving the issues specified in Article 299 of this Code, the court proceeds to drawing up a verdict. It is presented in the language in which the trial was conducted and consists of introductory, descriptive and motivating parts and operative parts.
The verdict must be handwritten or produced using technical means by one of the judges participating in its decision. The verdict is signed by all judges, including the judge with a dissenting opinion.
Corrections in the verdict must be agreed upon and certified by the signatures of all judges in the deliberation room before the verdict is announced.

What are court decisions?

Different legal processes are governed by their own codes, each of which refers to the decision as an act of the court. But in my own interpretation.

In the Civil Procedural Code (CCP), this is a generic concept for all verdicts; in the Arbitration Procedural Code (APC), decisions are made only by appeal and cassation courts.

Types of resolutions in the Code of Civil Procedure

The Civil Procedure Code names 4 types of court decisions:

Order - issued under certain conditions without opening court proceedings. For example, this is how you can recover money (up to 500 thousand rubles) or take away movable property (of the same value). This is both a verdict and an executive document at the same time.
Judgment is the final verdict rendered by the first instance. Such a court document provides an answer to the essence of the case: whether the claim is satisfied or denied, the rights of the plaintiff (or defendant) are protected, etc.
The definition does not concern the essence of the matter; it can be adopted during the process to resolve intermediate issues or appoint examinations. There can be several definitions, unlike a solution.
A resolution of a supervisory authority is a judicial act based on the results of an appeal.

All these court decisions are binding on everyone who participated in the process, including government agencies and municipalities. Failure to comply with them is regarded as contempt of court.

Arbitration ruling

In processes between legal entities, this act formalizes the revision of arbitration verdicts. That is, decisions are made only by appeal, cassation or supervisory courts.

The arbitration courts themselves issue only decisions and rulings. Or, in cases specifically specified by law, orders.

What is called a ruling in criminal proceedings?

In the Criminal Procedure Code (CPC), a judicial decision is any (except for a sentence) interim decision in a case if it is conducted by one judge. If there are several of them, determinations are made during the proceedings.

In addition, the Code of Criminal Procedure refers to the decision of the judicial presidium when reviewing sentences, rulings and other decisions. And also - the decision of the investigator, prosecutor, inquiry officer, etc., which were made during pre-trial proceedings.

Supreme Court ruling

The judicial decisions of the Plenum of the Supreme Court differ from the others because they do not resolve a specific case on the merits, but provide an interpretation of legal norms. In other words, the Supreme Court explains to all other courts (except the Constitutional Court) how to apply certain articles of laws.

Such decisions summarize judicial practice, usually in similar cases. Sometimes they interpret concepts that are mentioned in legislation, but without explanation.

Explanations can also be given regarding criminal proceedings (for example, on issues of corpus delicti). Acts like these from the Supreme Court help ensure uniform application of laws.

Article 304 of the Code of Criminal Procedure of the Russian Federation. Introductory part of the sentence

The introductory part of the sentence contains the following information: 1) about the pronouncement of the sentence in the name of the Russian Federation; 2) date and place of sentencing; 3) the name of the court that rendered the verdict, the composition of the court, information about the secretary of the court session, about the prosecutor, about the defense lawyer, the victim, the civil plaintiff, the civil defendant and about their representatives; 4) last name, first name and patronymic of the defendant, date and place of birth, place of residence, place of work, occupation, education, marital status and other data about the personality of the defendant relevant to the criminal case; 5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant is accused.

Article 227 of the Code of Criminal Procedure of the Russian Federation. Powers of a judge in a criminal case brought to court (current version)

1. Within the meaning of the commented article, the judge is not faced with the task of determining the sufficiency of evidence to consider the case in court. The issue of sufficiency of evidence can be considered here in the form of a preliminary hearing only on the issue of the existence of grounds for suspending or terminating the criminal case (Articles 238, 239 of the Code of Criminal Procedure of the Russian Federation). Thus, the question of the sufficiency of evidence to consider the case in court proceedings is decided by the prosecutor, sending the case to court in accordance with Art. 222, clause 1, part 1, art. 226. The basis for a judge to make a decision to schedule a court hearing in the general manner is compliance with the procedural conditions (whether the criminal case is within the jurisdiction of this court, whether copies of the indictment or indictment have been handed over), under which the case can be heard in court proceedings, as well as the absence of grounds for holding a preliminary hearing.

2. This article talks about issues resolved by a judge in a case that came to this judge, and not to the court. When a case arrives at the court, it is registered in the court office, after which it is distributed among the judges by the chairman of the court. The Code of Criminal Procedure of the Russian Federation does not establish rules regulating the distribution of criminal cases received by the court among judges. In practice, court chairmen use various criteria for this: the specialization of judges, when it is established in a given court, the experience of the judge, his length of service, the workload of judges with other cases, the productivity of judges, the order in which judges go on vacation, the illness of judges, etc. At the same time, the lack of legal regulation of the procedure for distributing cases in court creates the basis for influence on judges by the presiding officer in violation of the principle of judicial independence, and often for abuse. The recommendations of the Committee of Ministers of the member states of the Council of Europe “On the independence, effectiveness and role of judges” state that “the distribution of cases should not be influenced by the wishes of any of the parties to the case or any persons interested in the outcome of the case. Such allocation may, for example, be carried out by drawing lots or by an automatic alphabetical allocation system or some similar means... A case cannot be withdrawn from a judge without compelling reasons, such as serious illness or a conflict of interest. Such grounds and procedures for recall must be provided for by law and not depend on the interests of the government or administration” (paragraphs “e”, “f” of the section “General principles of judicial independence”). It should be noted that a fair and objective procedure for the distribution of cases between judges is no less (and sometimes even more) important for the purposes of the administration of justice than other guarantees of the independence of judges, therefore the gap in the legislative regulation of this issue is especially sensitive.

3. At the request of a party, the court has the right to provide her with the opportunity to additionally familiarize herself with the materials of the criminal case. Although the parties had the opportunity to familiarize themselves with the case materials during the preliminary investigation and at its completion, it should be borne in mind that this rule applies only to the preliminary investigation, and for the civil plaintiff, civil defendant and their representatives - not in full, but only in that part of the case materials that relates to the civil claim (Part 1 of Article 216).

Comment source:

Ed. A.V. Smirnova “COMMENTARY ON THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE BY ARTICLE), 5th edition

SMIRNOV A.V., KALINOVSKY K.B., 2009

Article 305 of the Code of Criminal Procedure of the Russian Federation. Descriptive and motivational part of the acquittal

The descriptive and motivational part of the acquittal states: 1) the essence of the charge brought; 2) the circumstances of the criminal case established by the court; 3) the grounds for the acquittal of the defendant and the evidence supporting them; 4) the reasons why the court rejects the evidence presented by the prosecution; 5) reasons for the decision regarding the civil claim.
It is not permitted to include in an acquittal sentence language that casts doubt on the innocence of the acquitted person.

Article 306 of the Code of Criminal Procedure of the Russian Federation. The operative part of the acquittal

The operative part of the acquittal must contain: 1) the surname, name and patronymic of the defendant; 2) the decision to find the defendant innocent and the grounds for his acquittal; 3) the decision to cancel the preventive measure, if it was chosen; 4) a decision to cancel measures to ensure confiscation of property, as well as measures to ensure compensation for harm, if such measures were taken; 5) an explanation of the procedure for compensation for damage associated with criminal prosecution.
When rendering an acquittal, issuing a resolution or ruling to terminate a criminal case on the grounds provided for in paragraph 1 of part one of Article 24 and paragraph 1 of part one of Article 27 of this Code, the court shall refuse to satisfy the civil claim. In other cases, the court leaves the civil claim without consideration. Leaving a civil claim without consideration by the court does not prevent its subsequent filing and consideration in civil proceedings.
In the event of an acquittal, ruling or ruling to terminate criminal prosecution on the grounds provided for in paragraph 1 of part one of Article 27 of this Code, as well as in other cases when the person to be brought as an accused has not been identified, the court decides on the issue of sending the investigative body or the head of the body of inquiry of a criminal case to conduct a preliminary investigation and identify the person to be brought in as an accused.

Inconsistency of the defense: partial reversal of the sentence with termination instead of acquittal...

The court is not always to blame for the lack of an acquittal; quite often, much depends on the defense as a whole. The role of our client, his behavior in court, and the organization of work with defense attorneys can also be decisive. This case is clear evidence of that.

The defendant, an officer of the Ministry of Defense of the Russian Federation, turned to me when she had already been convicted by the Moscow Garrison Military Court under Part 4, Art. 159, part 3 art. 159.2 of the Criminal Code of the Russian Federation, four crimes under Part 1 of Art. 159.2 of the Criminal Code of the Russian Federation, the court also satisfied the civil claim in the amount of 9,054,160 rubles. Other defenders filed appeals in the case.

As a rule, it is not recommended to take protection under such circumstances, since the level of inertia of the process is already quite high. Each defense lawyer has his own tactics for conducting a criminal case. There are different strategies: “Losing now - winning later”, “winning now - winning later”, etc. For example, the defendant in the court of first instance did not agree with the termination of the criminal case due to the expiration of the statute of limitations, but did not connect the satisfaction of the civil claim with the continued proceedings in the case...

When reviewing the case materials, two documents were discovered in which the military prosecutors themselves directly indicate that they are checking the fraudulent actions of the Principal, that is, they are exercising the powers of Art. 144 of the Code of Criminal Procedure of the Russian Federation, while the prosecutor is not classified by law as a person who has the right to verify reports of a crime.

Violation of the procedure for production of this kind is included in Part 1, Part 2, Clause 4 of Art. 389.17 of the Code of Criminal Procedure of the Russian Federation to significant violations of the Criminal Procedure Law, since, on the one hand, they violate the principle of legality (Part 3 of Article 7 of the Code of Criminal Procedure of the Russian Federation), which entails the recognition of all evidence in the case as inadmissible, on the other hand, it infringes on the right to defense, depriving the guaranteed rights provided for in Part 1.1, Art. 144 of the Code of Criminal Procedure of the Russian Federation (an independent basis for Part 2, Clause 4 of Article 389.17 of the Code of Criminal Procedure of the Russian Federation), and this is an unconditional basis for canceling the sentence.

It is difficult to expect an acquittal from the appeal immediately, so a plan was developed: to terminate the proceedings due to the expiration of the statute of limitations for criminal prosecution, return the remaining one episode (for which a fine was imposed) for a new consideration, where, in fact, to file a motion on the inadmissibility of the collected evidence.

The argumentation in the case seemed to be very successful and passed all the necessary approvals, everything seemed to be taken into account...

Except for one thing. The defendant, apparently not trusting the lawyers, believing that she had to do everything in this life herself, decided to play an interesting game. She told me that she abandoned her defenders (both of them were from St. Petersburg), and did not tell them anything about me at all. Due to the fact that I did not file an appeal, only an addition to the client’s own complaint, similar to the theses presented, I did not insist on withdrawing the complaints of other defenders, since the argumentation of the client’s complaint and the lawyers’ was the same.

Let's say a few words about this argument. Not everyone understands exactly what violations can be used as a basis for overturning a sentence. These are not any violations of the procedural law, but only those: “which, by depriving or limiting the rights guaranteed by this Code , non-compliance with the legal procedure, or in any other way, influenced or could influence the adoption of a lawful and justified court decision” (Part 1, Art. 389.17 Code of Criminal Procedure of the Russian Federation).

Therefore, there is absolutely no point in indicating procedural violations in general, limiting ourselves to listing them, without the justification required by the Law, especially without indicating the case sheet. For the court, this is “white noise”. Well, to recommend that a client, given this level of protection, not agree to dismiss the criminal case, counting on an acquittal, is an extreme degree of arrogance.

Now imagine my surprise when two defense attorneys who participated in the trial court appear at the court hearing. They don’t share my position, each one has a complaint of about fifty pages... In general, they voiced everything: that they interrogated the wrong witnesses, and the wrong ones, and they didn’t prepare a report on time, and they filed a complaint, although there were no grounds, and everything is wrong and everything is wrong. Guard in general, guard! And this despite the fact that 80% of the arguments were the subject of consideration by the court of first instance, they were assessed in the verdict...

Instead of an hour or two, the trial lasted three days. I won’t describe it in detail, I’ll just cite one eloquent episode.

We agreed with the client that we would build a defense based on procedural violations, since we can always return to the question of fact. However, apparently, my St. Petersburg colleagues had a different opinion. Therefore, the client decided to once again eloquently tell how exactly the court of first instance did not hear her. The case concerned her “combat wound”, which she confirmed with medical certificates, the anamnesis of which indicated the injury. As you understand, the appeal court could not deny itself the pleasure of catching the defendant.

The presiding officer asked her several times what anamnesis was, receiving the answer that this was objective evidence of injury and asked about it: how, when, with what, and so on. Then he again unobtrusively returned to the question that what is the history based on? The defendant, not responding to any advice or signs, continued to claim that it was from other medical sources that had not been preserved.

The presiding officer asked whether the anamnesis is accidentally written from the patient’s words? The client said that of course not... and continued to prove that, of course, not from words, not at all embarrassed by the judge’s outright irony. Need I say that she was passionately supported by the authors of the appeals? True, the court was almost shouting at them...

Result: cancel the sentence under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, four crimes under Part 1 of Art. 159.2 of the Criminal Code of the Russian Federation, the proceedings are terminated due to the expiration of the statute of limitations for criminal prosecution, the civil claim of the Ministry of Defense in the amount of 9,054,160 rubles is left without consideration, in terms of conviction under Part 3 of Art. 159.2 of the Criminal Code of the Russian Federation to a fine of 200,000 rubles shall be left unchanged.

After all this three-day, slightly circus nightmare, I ask the Trustee, why did you do this? And she answers, what’s wrong? What difference does it make, you said yours, they said theirs, “you can’t spoil porridge with butter”? Still can't find the truth...

How is it?

Article 307 of the Code of Criminal Procedure of the Russian Federation. Descriptive and motivational part of the guilty verdict

The descriptive and motivational part of the conviction must contain: 1) a description of the criminal act recognized by the court as proven, indicating the place, time, method of its commission, form of guilt, motives, goals and consequences of the crime; 2) the evidence on which the court’s conclusions regarding the defendant are based, and the reasons for which the court rejected other evidence; 3) an indication of the circumstances mitigating and aggravating the punishment, and if the charge is found to be unfounded in any part or the crime is incorrectly classified - the grounds and motives for changing the charge; 4) the reasons for resolving all issues related to the imposition of a criminal sentence, release from it or its serving, and the use of other measures of influence; 4.1) evidence on which the court’s conclusions are based that the property subject to confiscation was obtained as a result of the commission of a crime or is the proceeds of this property or was used or intended to be used as an instrument of crime or for the financing of terrorism, an organized group, an illegal armed group , criminal community (criminal organization); 5) justification for decisions made on other issues specified in Article 299 of this Code.

A manual for judges in criminal cases: how sentences are written

Article 308 of the Code of Criminal Procedure of the Russian Federation. The operative part of the guilty verdict

The operative part of the guilty verdict must indicate: 1) the surname, name and patronymic of the defendant; 2) a decision to find the defendant guilty of committing a crime; 3) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant was found guilty; 4) the type and amount of punishment imposed on the defendant for each crime of which he was found guilty; 5) the final penalty to be served on the basis of Articles 69 - 72 of the Criminal Code of the Russian Federation; 6) the type of correctional institution in which the person sentenced to imprisonment must serve his sentence, and the regime of this correctional institution; 7) the duration of the probationary period in case of a suspended sentence and the responsibilities that are assigned to the convicted person; decision on additional types of punishment in accordance with Article 45 of the Criminal Code of the Russian Federation; 9) a decision to count the time of preliminary detention if the defendant was detained before the verdict was passed, or preventive measures were applied to him in the form of detention, house arrest, or he was placed in a medical or psychiatric hospital; 10) the decision on the preventive measure against the defendant before the sentence enters into legal force; 11) a decision on the procedure for a convicted person to proceed to the place of serving his sentence if he is assigned to serve imprisonment in a colony-settlement; 12) restrictions that are established for a person sentenced to punishment in the form of restriction of freedom.
If the defendant is charged under several articles of the criminal law, then the operative part of the sentence must clearly indicate which of them the defendant is acquitted of and which of them he is convicted of.
In cases where the defendant is released from serving a sentence or a sentence is passed without imposing a punishment, this is also indicated in the operative part of the sentence.

In what order can interlocutory court decisions be appealed?

Hello. Can I appeal interlocutory decisions after a verdict?

Lawyer Antonov A.P.

Good afternoon

According to clause 53.3 of Article 5 of the Criminal Procedure Code, an interim court decision is all court rulings and decisions, with the exception of the final court decision. According to Article 127 of the Criminal Procedure Code, complaints and presentations against sentences, rulings, decisions of courts of first and appellate instances, as well as complaints and presentations against court decisions taken during pre-trial proceedings in a criminal case, are brought in the manner established by chapters 45.1 and 47.1 of this Code. Complaints and submissions against court decisions that have entered into legal force are submitted in the manner established by Chapters 48.1 and 49 of this Code. According to Article 236 of the Criminal Procedure Code, based on the results of the preliminary hearing, the judge makes one of the following decisions: 1) on the direction of the criminal case according to jurisdiction in the case provided for in part five of this article; 2) about returning the criminal case to the prosecutor; 3) on suspension of criminal proceedings; 4) on termination of the criminal case; 4.1) on the termination of a criminal case or criminal prosecution in accordance with Article 25.1 of this Code and the imposition of a criminal law measure on the accused in the form of a court fine provided for in Article 104.4 of the Criminal Code of the Russian Federation; 5) on the appointment of a court hearing; 6) on the postponement of a court hearing due to the presence of a sentence that has not entered into legal force, providing for the conditional condemnation of a person against whom a criminal case has been filed in court for a previously committed crime; 7) on the separation or impossibility of separating a criminal case into separate proceedings in cases provided for by this Code, and on the appointment of a court hearing; on the connection or impossibility of combining criminal cases into one proceeding in cases provided for by this Code, and on the appointment of a court hearing.

The judge's decision is formalized by a decree in accordance with the requirements of part two of Article 227 of this Code. The resolution must reflect the results of consideration of the submitted petitions and filed complaints. The resolution to terminate a criminal case or criminal prosecution with the imposition of a criminal law measure on the accused in the form of a judicial fine in accordance with Article 25.1 of this Code must also indicate the amount of the court fine, the period and procedure for the execution of this criminal law measure. If the judge grants the request to exclude evidence and at the same time schedules a court hearing, then the decision indicates what evidence is excluded and which materials of the criminal case that justify the exclusion of this evidence cannot be examined and announced at the court hearing and used in the process of proof. If during the preliminary hearing the prosecutor changes the charge, the judge also reflects this in the decision and, in cases provided for by this Code, forwards the criminal case to the jurisdiction. If, when resolving the defendant’s request for time to familiarize himself with the materials of the criminal case, the court determines that the requirements of part five of Article 109 of this Code were violated, and the deadline for keeping the defendant in custody during the preliminary investigation has expired, then the court changes the preventive measure in the form of detention under guard, grants the accused’s request and sets a deadline for him to familiarize himself with the materials of the criminal case. A court decision made based on the results of a preliminary hearing may be appealed in the manner prescribed by Chapters 45.1 and 47.1 of this Code, with the exception of a court decision to schedule a court hearing regarding the resolution of issues specified in paragraphs 1, 3 - 5 of part two of Article 231 of this Code . Thus, the Criminal Procedure Code does not contain a ban on appealing interim court decisions without appealing the main decision.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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Article 309 of the Code of Criminal Procedure of the Russian Federation. Other issues to be resolved in the operative part of the sentence

The operative part of the sentence, with the exception of the issues specified in Articles 306 and 308 of this Code, must contain: 1) a decision on the civil claim brought in accordance with part two of this article; 2) resolving the issue of material evidence; 3) decision on the distribution of procedural costs.
If it is necessary to make additional calculations related to a civil claim that require postponing the trial, the court may recognize the civil plaintiff’s right to satisfy the civil claim and transfer the issue of the amount of compensation for the civil claim for consideration in civil proceedings.
The operative part of the sentence must also contain an explanation of the procedure and deadlines for appealing it in accordance with the requirements of Chapter 45.1 of this Code, and the right of the convicted and acquitted person to petition for participation in the consideration of the criminal case by the court of appeal.

The procedure for appealing court decisions of a magistrate in criminal cases

Information for citizens » Appeal procedure » Procedure for appealing court decisions of a magistrate in criminal cases

The procedure for appeal and cassation appeals against court decisions in criminal cases
The procedure for applying to the supervisory court

criminal cases.

The right to appeal a court decision belongs to the convicted, acquitted, their defenders and legal representatives, the state prosecutor and (or) a higher prosecutor, the victim, the private prosecutor, their legal representatives and representatives, as well as other persons to the extent that the appealed court decision affects their rights and legitimate interests.

A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.

In accordance with the requirements of Chapter 45.1 of the Criminal Procedure Code of the Russian Federation, decisions of the court of first instance that have not entered into legal force can be appealed by the parties on appeal.

Determinations or decisions on the procedure for examining evidence, on satisfying or rejecting petitions of participants in the trial and other court decisions made during the trial are appealed on appeal simultaneously with the appeal of the final court decision in the case, with the exception of court decisions specified in part three of this articles.

Before the final court decision is made, the magistrate's decisions to return the application to the person who filed it or to refuse to accept the application for proceedings are subject to appeal; court decisions or rulings on the selection of a preventive measure or on the extension of its validity, on the placement of a person in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting, for conducting a forensic examination, on the seizure of property, on establishing or extending the period of arrest imposed on property, on suspending a criminal case, on transferring a criminal case to jurisdiction or on changing the jurisdiction of a criminal case, on returning a criminal case to the prosecutor; other court decisions affecting the rights of citizens to access justice and to consider a case within a reasonable time and preventing further progress of the case, as well as private rulings or decisions.

An appeal against a ruling or ruling made during a trial does not suspend the trial.

An appeal or presentation is brought through the court that rendered the sentence or issued another appealed court decision.

Appeals and submissions are submitted:

1) against a verdict or other decision of a magistrate – to a district court;

2) for a verdict or other decision of a district court, garrison military court - to the judicial collegium for criminal cases 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, district (naval) military court;

3) for an interim 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, a district (naval) military court - to the judicial collegium for criminal cases of the relevant court;

4) for a verdict or other final 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, a district (naval) military court - respectively, to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation;

5) against the decision of a judge of the Supreme Court of the Russian Federation - to the Appeal Board of the Supreme Court of the Russian Federation.

An appeal, submission against a sentence or other decision of the court of first instance can be filed within 10 days from the date of the verdict or other court decision, and for a convicted person in custody - within the same period from the date of delivery of copies of the sentence, ruling, resolutions.

During the period established for appealing a court decision, the criminal case cannot be recalled from the court.

Appeals or submissions filed after missing the deadline are left without consideration.

If the deadline for an appeal is missed for a good reason, persons who have the right to file an appeal or presentation may petition the court that passed the sentence or made another appealed decision to restore the missed deadline. The petition to restore the term is considered by the judge who presided over the court hearing in the criminal case, or by another judge.

A judge’s decision to refuse to restore the missed deadline can be appealed to a higher court, which has the right to cancel such a decision and consider the filed appeal, presentation on the merits, or return them to the court that made the appealed decision, to fulfill the requirements provided for in Article 389.6 of the Criminal Procedure Code Code of the Russian Federation.

An appeal or presentation must contain:

1) the name of the appellate court to which the complaint or presentation is filed;

2) information about the person who filed the appeal or presentation, indicating his procedural status, place of residence or location;

3) an indication of the verdict or other court decision and the name of the court that decided or issued it;

4) the arguments of the person who filed the appeal or presentation, indicating the grounds provided for in Article 389.15 of the Criminal Procedure Code of the Russian Federation;

5) a list of materials attached to the appeal or presentation;

6) signature of the person who filed the appeal or presentation.

The person who filed the appeal or presentation, in support of the arguments presented in the complaint or presentation, has the right to file a petition for the court of appeal to examine the evidence that was examined by the court of first instance, which must be indicated in the complaint or presentation, and provide a list of witnesses, experts and others persons subject to summons for this purpose to the court hearing. If a request is made to examine evidence that was not examined by the court of first instance (new evidence), then the person is obliged to justify in the appeal or presentation the impossibility of presenting this evidence to the court of first instance.

The appeal of a person not participating in the criminal case must indicate what rights and legitimate interests of this person were violated by the court decision.

If a convicted person applies for participation in the consideration of a criminal case by an appellate court, this is indicated in his appeal or in objections to complaints and submissions brought by other participants in the criminal process.

If the appeal or presentation does not comply with the requirements established by parts one, one.1 and two of Article 389.6 of the Criminal Procedure Code of the Russian Federation, 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.

The court that passed the sentence or made another decision being appealed shall notify the persons specified in Article 389.1 of the Criminal Procedure Code of the Russian Federation about the appeal or presentation brought, if the complaint or presentation affects their interests, with an explanation of the right to file a complaint or submit objections in writing form, indicating the deadline for their filing and sends them copies of the complaint, presentation, as well as objections to them. Objections received to a complaint or presentation are added to the materials of the criminal case.

Filing an appeal or presentation suspends the execution of a sentence, ruling, or resolution, except for the cases provided for in Article 311 and part four of Article 389.2 of the Criminal Procedure Code of the Russian Federation.

After the expiration of the appeal period, the court that passed the sentence or made another appealed decision sends the criminal case with the appeal, presentation and objections to them to the appellate court, which is reported to the parties.

The person who filed the appeal or presentation has the right to withdraw it before the start of the appellate court hearing. In this case, the appeal proceedings on this complaint or presentation are terminated. If a complaint or presentation is withdrawn before the appointment of a court hearing of the appellate court, or brought by a person not vested with such right in accordance with Article 389.1 of the Criminal Procedure Code of the Russian Federation, or brought to an interim court decision that is not subject to independent appeal, the judge returns this complaint , performance.

An additional appeal or presentation is subject to consideration if it is received by the appellate court no later than 5 days before the start of the court hearing. In an additional complaint of the victim, a private prosecutor or their legal representatives and representatives, as well as in an additional presentation of the prosecutor, filed after the expiration of the appeal period, the issue of worsening the situation of the convicted person, the person against whom the criminal case has been terminated cannot be raised, unless such a requirement contained in the initial complaint and submission.

Criminal Procedure Code
of the Russian Federation, articles 389.1 – 389.8.
Cassation appeal

The cassation court verifies, based on a cassation appeal or presentation, the legality of a sentence, ruling or court decision that has entered into legal force.

A court decision that has entered into legal force can be appealed in the manner established by Chapter 47.1 of the Criminal Procedure Code of the Russian Federation, to the court of cassation by the convicted, acquitted, their defenders and legal representatives, the victim, the private prosecutor, their legal representatives and representatives, as well as others persons to the extent that the appealed court decision affects their rights and legitimate interests. A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.

The Prosecutor General of the Russian Federation and his deputies have the right to apply to any cassation court to review a court decision that has entered into legal force.

The prosecutor of a constituent entity of the Russian Federation and his deputies have the right to apply for a review of a court decision that has entered into legal force, made by 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 on appeal, as well as those entered into the legal force of court decisions made by lower courts to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction.

A military prosecutor equated to the prosecutor of a constituent entity of the Russian Federation and his deputies have the right to apply for a review of a court decision that has entered into legal force made by a district (naval) military court on appeal, as well as court decisions that have entered into legal force made by garrison military courts, in military court of cassation

Cassation appeals and presentations are submitted to:

1) the verdict and decision of the magistrate; sentence, ruling and ruling of the district court; verdict, ruling and ruling 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, a sentence, ruling and ruling of a court of appeal of general jurisdiction, with the exception of a sentence or other final court decision of the supreme court of a republic, a regional court or a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, issued in the course of criminal proceedings as a court of first instance, as well as a verdict or other final court decision of a general jurisdiction court of appeal made as a result of the review of such a decision, - to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction;

2) court decisions specified in paragraph 1 of part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation, if they were appealed in cassation to the judicial panel for criminal cases of the cassation court of general jurisdiction; 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, issued in the course of criminal proceedings as a court of first instance, a sentence or other final judicial decision of a general appellate court jurisdiction resulting from the review of such a decision; determination of the judicial collegium for criminal cases of the cassation court of general jurisdiction - to the Judicial collegium for criminal cases of the Supreme Court of the Russian Federation;

3) the verdict, determination and decision of the garrison military court; sentence, ruling and ruling of the district (naval) military court, sentence, ruling and ruling of the military court of appeal, with the exception of the sentence or other final court decision of the district (naval) military court, issued during criminal proceedings as a court of first instance, and also a sentence or other final court decision of the military court of appeal, rendered as a result of the review of such a decision - to the military court of cassation;

4) court decisions specified in paragraph 3 of part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation, if they were appealed in cassation to a military court of cassation; a sentence or other final judicial decision of a district (naval) military court, rendered by it during criminal proceedings as a court of first instance, a sentence or other final judicial decision of an appellate military court, rendered as a result of the review of such a decision; determination of the cassation military court - to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.

A cassation appeal or presentation is filed through the court of first instance and is considered in the manner prescribed by Articles 401.7, 401.8 of the Criminal Procedure Code of the Russian Federation, a cassation appeal or presentation against:

1) sentence or other final judicial decision of a magistrate, district court, garrison military court; 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, a district (naval) military court, rendered on appeal - if these court decisions are appealed to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction or a military court of cassation;

2) 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, a district (naval) military court, issued in the course of criminal proceedings as a court of first instance; a verdict or other final judicial decision of a court of appeal of general jurisdiction, a military court of appeal, made as a result of the review of such a court decision - if these court decisions are appealed to the Judicial Collegium for Criminal Cases, the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.

A cassation appeal or presentation is filed directly with the cassation court, which is authorized in accordance with Part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation to review the appealed court decision, and is considered in the manner prescribed by Articles 401.10 - 401.12 of the Criminal Procedure Code of the Russian Federation, cassation appeal, presentation on:

1) interim court decisions;

2) a verdict or other final judicial decision of a magistrate, district court, garrison military court; 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, a district (naval) military court, rendered on appeal; a ruling by the judicial collegium for criminal cases of a cassation court of general jurisdiction, a ruling of a military court of cassation made as a result of the review of court decisions listed in this paragraph - if these court decisions are appealed to the Judicial collegium for criminal cases, the Judicial collegium for military personnel of the Supreme Court of the Russian Federation .

A cassation appeal or presentation must contain:

1) the name of the court to which they are filed;

2) information about the person who filed the complaint, presentation, indicating his place of residence or location, procedural status;

3) an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;

4) an indication of the court decisions that are being appealed;

5) an indication of significant violations of the norms of criminal or criminal procedural law committed by the courts that influenced the outcome of the case, with the presentation of arguments indicating such violations;

6) request of the person filing the complaint, presentation.

The cassation appeal of a person who did not take part in the case must indicate what rights or legitimate interests of this person were violated by the court decision that entered into legal force.

If a cassation appeal or presentation was previously filed with a cassation court, it must indicate the decision taken on such complaint or presentation.

The cassation appeal must be signed by the person who filed it. The complaint filed by the defense attorney is accompanied by a warrant or other document certifying his authority. The submission must be signed by the prosecutor specified in parts 2-2.2 of Article 401.2 of the Criminal Procedure Code of the Russian Federation.

Copies of court decisions adopted in this criminal case, certified by the relevant court, are attached to the cassation appeal or presentation. If necessary, copies of other documents are attached that confirm, in the applicant’s opinion, the arguments set out in the cassation appeal or presentation.

A cassation review of a sentence, ruling, or court decision on grounds that entail a worsening of the situation of a convicted person, an acquitted person, or a person in respect of whom the criminal case has been terminated is allowed within a period not exceeding one year from the date of their entry into legal force, if during the trial there were violations of the law that influenced the outcome of the case, distorting the very essence of justice and the meaning of the court decision as an act of justice, or if data was revealed indicating a person’s non-compliance with the conditions and his failure to fulfill the obligations stipulated by the pre-trial cooperation agreement.

Criminal Procedure Code of the Russian Federation Articles 401.1 – 401.4, 401.6

The procedure for applying to the supervisory court

Court decisions that have entered into legal force (sentence, ruling or court order) can be reviewed in the manner of supervision by the Presidium of the Supreme Court of the Russian Federation based on complaints and submissions of persons specified in parts one and two of Article 401.2 of the Criminal Procedure Code of the Russian Federation.

The court of supervisory authority verifies, based on a supervisory complaint or presentation, the legality of the sentence, ruling or ruling of the court.

The following matters that have entered into legal force are appealed to the Presidium of the Supreme Court of the Russian Federation:

1) court decisions of the Appeals Board of the Supreme Court of the Russian Federation;

2) rulings of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation and rulings of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation, issued by them in cassation proceedings;

3) decisions of the Presidium of the Supreme Court of the Russian Federation.

A supervisory complaint or presentation is filed directly with the Supreme Court of the Russian Federation.

A supervisory complaint or presentation must contain:

1) the name of the court to which they are filed;

2) information about the person who filed the complaint, presentation, indicating his place of residence or location, procedural status;

3) an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;

4) an indication of the court decisions that are being appealed;

5) an indication of the grounds provided for by law for reviewing a court decision in the manner of supervision, with the presentation of arguments indicating the existence of such grounds;

6) request of the person who filed the complaint, presentation.

The supervisory complaint of a person who did not take part in the case must indicate what rights, freedoms or legitimate interests of this person were violated by the court decision that entered into legal force.

The supervisory complaint must be signed by the person filing the complaint. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.

Attached to the supervisory complaint or presentation are copies of court decisions made in the case, certified by the courts that considered the criminal case in the first, appellate or cassation instances.

Criminal Procedure Code
of the Russian Federation Articles 412.1 – 412.3.
Information published as of 10/01/2019

Article 310 of the Code of Criminal Procedure of the Russian Federation. Proclamation of the verdict

After signing the verdict, the court returns to the courtroom and the presiding judge announces the verdict. Everyone present in the courtroom, including the court panel, listens to the verdict while standing.
If the sentence is stated in a language that the defendant does not speak, then the translator translates the sentence out loud into a language that the defendant speaks, synchronously with the proclamation of the sentence or after its proclamation.
If the defendant is sentenced to death, the presiding judge explains to him the right to apply for clemency.
If only the introductory and operative parts of the sentence are announced in accordance with part seven of Article 241 of this Code, the court explains to the participants in the trial the procedure for familiarizing themselves with its full text.

Article 313 of the Code of Criminal Procedure of the Russian Federation. Issues decided by the court simultaneously with the verdict

If a person sentenced to imprisonment has minor children, other dependents, as well as elderly parents in need of outside care, the court, simultaneously with the verdict of guilty, issues a ruling or order to transfer these persons to the care of close relatives, relatives or other persons or to place them in children's or social institutions.
If the convicted person has property or a home that remains unattended, the court issues a ruling or order to take measures to protect them.
If an appointed defense attorney participates in a criminal case, the court, simultaneously with the verdict, issues a determination or resolution on the amount of remuneration to be paid for the provision of legal assistance.
All decisions provided for in this article may be made at the request of interested persons and after the pronouncement of the verdict.