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

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

What is an appeal

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

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

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

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

The right of appeal in 2021: studying the Criminal Procedure Code of the Russian Federation

In the Russian Federation, appeal proceedings are one of the forms of control over judicial activities by a higher court. The main purpose of the appeal is to verify the legality and validity of sentences, rulings and decisions of the courts of first instance that have not entered into force.

Is it worth filing an appeal in a criminal case? If you believe that a sentence (ruling, ruling) violates your rights and legitimate interests, then you have the right to appeal - this rule is enshrined in the text of Art. 389.1. Code of Criminal Procedure of the Russian Federation. The appellate instance makes it possible to correct judicial errors in the shortest possible time, and also helps to improve the quality of work of lower courts and the direction of judicial practice in strict accordance with the requirements of the law.

What you can appeal

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

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

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

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

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

An object

When identifying the object of a crime, the investigator must answer the question whether there is some right protected by law that was encroached upon by the act.

Let's give an exaggerated example. A certain person publicly threatened to kill the Martian. Formally, threats to kill are an article of the Criminal Code. However, since Martians do not exist at all, the law cannot protect their rights. Consequently, the actions of the person making the threat do not constitute a crime, and the initiation of a criminal case will be refused.

Deadlines

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

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

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

Petition for restoration of the missed period of appeal

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

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

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

ASK:

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

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

Pletnev I.A., 04/19/2021

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

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

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

Where to complain?

To the head of the investigative department, whose employee made an unlawful decision.
To the prosecutor's office of the district to which the police department belongs.
To the district court.

Complaint to the head of the police department

You can write a complaint against the decision made by the investigator directly to the head of the investigation department. You can do this:

by making an appointment with the head of the service.
filing a complaint with the office.
by sending the application by mail with delivery notification.
through the electronic reception.

You can complain to any Moscow police department online on the official website of the government agency. Before sending, you must familiarize yourself with the rules for drawing up an electronic appeal.

Applications filled out in violation of the rules or not containing complete and reliable information about the applicant will not be accepted for consideration.

After reading the recommendations, you just need to fill out the form fields and attach files that can become the evidence base for the case.

Complaint to the prosecutor's office

You must contact the prosecutor's office of the same district in which the police department that issued the resolution is located. How to do it:

register a complaint at the reception;
send by registered mail with delivery notification to the address of the Moscow Central Prosecutor's Office (Krestyanskaya Zastava Square, 1, 109992);
make an appeal on the official portal mosproc.ru.

You can find out whether a complaint has been received and under what number it was registered by calling +7 (495) 951-71-97.

The prosecutor has the right to cancel the decision made by the investigator. If the investigator's decision is subject to appeal, the prosecutor's office employee will forward the application to the head of the relevant department.

Lawsuit

You can also appeal the decision by contacting the district court. The application must be submitted at the place of investigation through the investigator, by mail or through a public reception.

The website address, contact information and location of the capital’s courts can be found on the page www.mos-sud.ru/raisud/. The website also provides examples of drafting statements of claim and complaints.

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.

Contents of the supervisory complaint

Question: How to write a supervisory complaint correctly?

Formally, the supervisory application must contain data such as the name of the court, personal information about the applicant (full name, place of residence, telephone number, status in the case), the substance of the case and his “biography”, that is, the stages of consideration of the case before supervision. We draw the reader’s attention to the fact that the applicant must not only list what decisions were made by lower authorities, but also reflect the essence of such decisions - this way there is a greater chance that the complaint will be accepted for proceedings and the case will be reviewed.

As for the content, the text of the complaint must contain arguments why the applicant considers the verdict and subsequent decisions illegal. It would be better if specific rules of law are listed that, in the author’s opinion, were violated during the administration of justice. If the applicant was not an actual participant in the trials, he needs to write how specifically his rights and interests are affected by the verdict.

All decisions in the case mentioned by the applicant must be attached to the complaint. Copies must first be certified by the relevant courts.

At the end of the complaint, there must be a clear request to the judges of the Presidium of the Supreme Court of the Russian Federation about which decision (one or more) should be canceled.

Grounds for reversing or changing a sentence

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

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

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

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

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

Significant violation of criminal procedure law

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

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

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

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

Misapplication of criminal law

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

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

Circumstances indicating the need to return the case to the prosecutor

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

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

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

Unfairness of the verdict

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

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

Samples of appeal in a criminal case

We present to the reader various sample options:

Complaint from a convicted person (most often filed)

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

APPEAL

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

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

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

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

ASK:

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

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

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

Victim's appeal

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

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

APPEAL

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

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

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

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

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

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

ASK:

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

I ask you to consider the complaint in my absence.

Nikolsky G.O., 04/25/2021

Brief appeal

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

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

SHORT APPEAL

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

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

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

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

05.05.2021

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

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

ADDITIONAL APPEAL

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

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

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

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

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

ASK:

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

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

I ask you to consider the complaint in my presence.

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

08.05.2021

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

Objections

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

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

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

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

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

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

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

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

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

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

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

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

ASK:

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

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

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

Subject

The subject is the person who committed the act. Moreover, this person must meet the following characteristics:

to be sane, that is, to be accountable for one’s actions;
be over the age of 14 years, if the act is provided for in Part 2 of Article 20 of the Criminal Code of the Russian Federation;
be over the age of 16 years, if the act is not included in the category of grave crimes provided for in Part 2 of Article 20 of the Criminal Code of the Russian Federation;
be alive because criminalizing the dead is unacceptable.

Procedure for considering an appeal

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

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

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