What is the period and procedure for considering a cassation appeal in a criminal case?

What do you need to file a complaint?

In order for a complaint to the Supreme Court in a criminal case to be accepted, you must comply with the norms specified by law and indicate in the application:

• name of the judicial authority;
• Full name of the persons involved in the case and the person submitting it;
• a list of all those who previously refused the application and written decisions of these authorities;
• arguments supported by articles of law;
• precise formulation of the essence of the matter;
• listing of violations.

Any cassation appeal to the Supreme Court is a very serious matter, because a lot will depend on the decision of this body. It can be filed in the event of newly discovered circumstances and in some other circumstances, which can be obtained from a lawyer. She will not always be admitted to this particular authority, because, for example, decisions of magistrates and district courts must be appealed to the regional and district authorities.

If you do not indicate exactly what the violation of the law is in all details, then it will be rejected. Because by filing it, you have to challenge the decisions of several courts, prove that their employees interpret the laws incorrectly, but they have extensive work experience, higher legal education, and high qualifications. Only a very experienced professional can prove them wrong. He knows all the nuances, for example, how many copies of the complaint need to be made and where to send them and why exactly so many. It often seems that a person has something to do with a decision made by the court, but the judge thinks differently. All copies of documents from different authorities must be certified accordingly. You must pay a fee for this, but there are also exceptions provided by law that exempt you from paying the fee.

Decisions of which authorities are appealed through the supervisory procedure

Attention: the described procedure is no longer relevant; it was in force before the entry into force of the law of November 28, 2018 No. 451-FZ (as amended on October 17, 2019), namely, before the launch of the work of cassation and appeal courts of general jurisdiction.

According to clause 3 of Article 412.1 of the Code of Criminal Procedure of the Russian Federation, complaints are sent to the Presidium of the Armed Forces of the Russian Federation regarding:

1. Court decisions adopted in the first instance that have entered into legal force:

• supreme courts of republics (territories, regions, joint-stock companies, cities of federal significance);
• naval (district) military courts,

if the appeal was considered by the Supreme Court of the Russian Federation.

2. Court decisions made on appeal:

• Judicial Collegium for Criminal Cases of the RF Armed Forces or the Military Collegium of the RF Armed Forces;
• Appeal Board of the RF Armed Forces.

3. Determinations of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation or the Military Collegium of the Armed Forces of the Russian Federation, issued in cassation.

4. Resolutions of the Presidium of the RF Armed Forces.

Supervisory complaints submitted to the Supreme Court, features of their filing and consideration.

In order for a supervisory appeal to the Supreme Court to be accepted, many nuances must be observed. The lawyer and his assistants are aware of all aspects of this work. It is called a supervisory complaint to the Presidium of the Supreme Court because decisions that had previously entered into force are being questioned. Its filing can be initiated by anyone who believes that their rights have been violated. Many apply after serving their sentence. It helps protect rights even when previously unknown evidence of the defendant’s innocence has appeared. He can draw it up for the purpose of reviewing the case and so that he is completely acquitted. Depending on what case it concerns, criminal or civil, it is drawn up based on different standards.

Filing a supervisory appeal to the Supreme Court is a very difficult task; many nuances, norms, and requirements must be taken into account. Along with it, it is necessary to provide a whole package of documents, this is the verdict, and a copy of the decision of the supervisory authorities, other procedural papers confirming the applicant’s arguments.

If someone does not agree with the leniency of the previously imposed punishment, it is necessary to apply the rule on reclassification of the case, impute another article implying a more severe punishment; if there are grounds that there will be a deterioration in the rights or position of the convicted person, then the case will be reconsidered only in cases strictly defined by law cases. No more than a year must pass from the date of entry into legal force of decisions made by lower authorities, otherwise the complaint will not be accepted. When compiling it, you need to prove that serious violations of the Code of Criminal Procedure were committed, and that they influenced previously made decisions.

Some of these violations are understood, according to the Code of Criminal Procedure, as decisions made by an illegal court or jury. If those participating in the process could not exercise their rights, or they were limited in this, and this affected the result, then it can be safely drawn up. The Chairman of the Supreme Court may overturn a previously made decision by the supervisory authority and refer the case for review. The same person will not be able to file a complaint a second time on the same legal grounds.

If a person is in a place of deprivation of liberty, then it must be sent only through the administration of the colony, which is better to entrust to an experienced specialist, a lawyer. When compiling it, compelling reasons must be indicated that will facilitate its consideration, for example, the following:

• violated articles of the Code of Criminal Procedure;
• unfairness of the sentence;
• articles are incorrectly applied;
• The judge's findings do not correspond to the facts.

Today, the deadline for filing a complaint with the Supreme Court of the Russian Federation in some cases is no more than a year. It must be considered either within two months, if the case was not requested, or within three months, if it was requested. In some cases, this time may be extended, but not by more than sixty days. Its employees have the right to receive and consider complaints in the Supreme Court of the Russian Federation only if the lawyer filing it attaches a warrant indicating his status.

The procedure for filing complaints with the country's highest court changes periodically. It is always necessary to monitor the introduction of amendments to laws, this is important so that it is correctly drafted and adopted. Many people do not know that the court’s address has changed and send it to one that is no longer active. There have also been changes in the payment details for state fees, as reported by the Supreme Court of the Russian Federation, but many do not take this into account. Frequent mistakes when drawing up a complaint are related to the procedure for filing it. An experienced lawyer always remains aware of all the changes and nuances of this complex work.

He will not file a complaint by forgetting to attach his order or without having a correctly drawn up power of attorney. He knows which copies need to be certified by a notary, and which need to be confirmed with a special mastic seal. Without properly certified and prepared documents, no one will accept the complaint for consideration.

It is important that the lawyer who files it represents his client throughout the entire period of consideration of the case, from the very beginning of its opening. Many try to skip one or two instances and appeal to the Supreme Court of the Russian Federation immediately, without considering issues in lower bodies, but they do not pay any attention to complaints filed in this way.

If the time allocated by law for filing a complaint with the Supreme Court of the Russian Federation has passed, then you need to submit documents on the procedure for restoring the deadline, which must be sent to a certain government body, indicating the reason why it was missed. All actions have their own deadlines and standards.

Who can file a complaint

In accordance with Art. 401.2 and 412.1 of the Code of Criminal Procedure of the Russian Federation, the following may file a supervisory complaint:

• parties to the case: convicted, acquitted, their defenders and authorized (legal) representatives, private prosecutor, victims, civil plaintiffs and defendants in part of the civil claim, the decision on which is contained in the verdict;
• other persons whose rights, freedoms and legitimate interests were violated by court decisions;
• General (military, regional) prosecutor and his deputies.

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: procedure

Filing a cassation appeal is possible if you need to appeal certain decisions, which include:

• Actions of district, military (garrison), magistrates of the first instance, as well as court orders.
• Appeal rulings made by courts on appeals and private complaints. Except for the decision of the Supreme Court.
• The decision was made by the court of appeal on the basis of 320.1 of the Code of Civil Procedure of the Russian Federation (first and second points).
• The decisions made by the presidiums of regional courts.

That is, you can complain about almost all decisions that were not made by the Supreme Court.

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.

Decision of the Presidium

The Presidium may cancel the case, make changes to the verdict, or leave the appeal without satisfaction/consideration.

It is possible to cancel the decision of the court of first and other instances - until the decision of the Presidium. After cancellation of the case, the following options for further actions are possible:

• termination of proceedings in a specific case;
• return of the case for retrial to the court of first instance (for example, to the regional court);
• return of the case to the Prosecutor General's Office.

The Presidium can also cancel the results of the appeal/cassation consideration of the case and send it to the same court.

If the sentence is changed, the adjustments made should improve the applicant's situation. Deterioration is allowed in 2 situations:

• the person violated the terms of the pre-trial agreement on interaction;
• authorized persons made a distortion of the legislation, which had a significant impact on the results of the consideration of the case.

Attached documents

The supervisory appeal must be accompanied by copies of decisions previously taken in previous instances, certified by the relevant judicial authorities.

A scanned image of each document sent via the Internet is certified with a simple or enhanced qualified electronic signature in accordance with the Procedure approved by Order of the Chairman of the RF Armed Forces dated November 29, 2016 No. 46-P.

In the absence of the necessary attachments, the supervisory complaint is subject to return without consideration on the merits within 10 days from the date of its submission (clause 2 of Article 412.4 of the Code of Criminal Procedure of the Russian Federation).

Design and content

The requirements for filing a complaint are set out in Art. 401.4 of the Code of Criminal Procedure of the Russian Federation, it must be in writing, indicating the following information:

• in the header you must write the name of the court to which the document is sent;
• Full name, procedural position, place of residence of the person filing the complaint;
• information about the progress of the case, i.e. a brief summary of what authorities considered it, when and what decisions were made;
• the decision that the applicant wants to appeal in cassation;
• a list of violations of the Criminal Code and the Code of Criminal Procedure committed by the courts, which influenced the consideration of the case and resulted in the issuance of an unauthorized decision;
• the essence of the request or submission (for example, reversal of the sentence and referral of the case for a new trial in a different court).

If a person has not previously taken part in the process, in the complaint he must indicate which rights were violated by the decision that has entered into force.
The document must be left without consideration if it is not signed by an authorized person, for example, a cassator.

Important. If the complaint is signed by a legal representative, it is necessary to attach a copy of the power of attorney or attorney's order, as well as copies of all previously made decisions, duly certified.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Cassation appeal: how to draw it up correctly

In order for a cassation appeal to be accepted, it must be drafted correctly, including the following information:

• Name of the court where you are submitting the document;
• Position;
• The name of the person submitting the document, as well as his address;
• The status of other persons in the procedural case, as well as their address;
• What is the name of the document - enter “Cassation Appeal”;
• Court details. decisions that are appealed against the document in question;
• Reasons why the previous decision needs to be appealed and the immediate requirement to do so;
• List of documents that are attached to the complaint;
• The date on which the document is filed and the signature of the person who filed the document in question.

The cassation court can cancel the decision or change it, but it is very important that everything is formalized correctly. For example, photocopies of required documents will not be accepted.