Publication date: 16.07.2024
Review of the final decision in a criminal case
Within the framework of the rule of law, a key aspect of justice is the possibility of reviewing court decisions in the event of their non-compliance with international human rights standards. In particular, this applies to cases where the European Court of Human Rights (ECtHR) establishes a violation of the accused's rights that took place during criminal proceedings. This article analyzes the review mechanism of final judgments in criminal cases in Ukraine in the light of ECtHR decisions, examines the fundamental rights that may be violated during the judicial process, and examines the impact of such decisions on national law.
Consider the case of reviewing the final decision in a criminal case under exceptional circumstances in the case of receiving a decision of the European Court of Human Rights on violation of the rights of the accused during a pre-trial investigation or trial.
Regulatory and legal framework
Ukraine, as a member of the European Convention on Human Rights, is obliged to comply with the decisions of the ECtHR. The main normative acts are the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, as well as the Law “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights.”
Violation of rights during a pre-trial investigation or trial
Among the typical violations that can be detected by the ECtHR are non-compliance with the right to a fair trial (Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms), torture and inhuman treatment (Article 3), violation of the right to private life (Article 8). and violation of the principle of non-interference in private life. Document analysis and a legal opinion will allow you to determine which of your rights were violated and which violations were not taken into account by the Ukrainian courts.
The procedure for reviewing the final decision in a criminal case under exceptional circumstances
In the event that the ECtHR recognizes violations of convention rights during a pre-trial investigation or trial, national legislation allows a petition for review of a court decision that has entered into force under exceptional circumstances.
In addition to the decision of the ECtHR to establish the fact of violation of convention rights during pre-trial investigation or trial, exceptional circumstances for review of the final decision in a criminal case are also:
- Unconstitutionality of the law or its separate provision, applied during the trial, established by the Constitutional Court of Ukraine.
Violation of Ukraine's international obligations when the case is decided by the court, established by an international judicial institution, the jurisdiction of which is recognized by Ukraine.
Establishing the guilt of a judge, investigator, prosecutor or judge in committing a criminal offense during criminal proceedings, which affected the decision.
Question
What is the deadline for submitting an application for review of a court decision under exceptional circumstances?
Respond
An application for review of a court decision under exceptional circumstances may be submitted by the participants in the court proceedings within the specified time limits, depending on the type of exceptional circumstances. Within 30 days after the official publication of the decision of the Constitutional Court.No later than 30 days after the person learned or could have learned about the acquisition of the final status by the decision of the international judicial institution.Within 30 days after the judgment in the criminal proceedings became legally binding, or within 30 days after establishing the relevant circumstances by court order.
The procedure for consideration of an application for review of a court decision under exceptional circumstances
Question
Where is an application for review of a court decision under exceptional circumstances submitted?
Respond
An application for review of a court decision under exceptional circumstances is considered by the Supreme Court or the appropriate court, depending on the nature of the exceptional circumstances. If the case concerns a violation of international obligations, the application is submitted to the Supreme Court for consideration by the Grand Chamber. In cases where the judge or other officials are at fault, the application is filed with the court, which is responsible for correcting such errors.
Question
How is the issue of opening proceedings resolved?
Respond
After submitting the application, the court checks it for compliance with the established requirements and decides on the opening of criminal proceedings under exceptional circumstances. The opening of proceedings is accompanied by the determination of the date, time and place of the court session.
Question
What are the powers of the court in cases of reviewing decisions under exceptional circumstances?
Respond
The court has the power to set aside or modify the original judgment based on exceptional circumstances. If the case is sent for a new consideration, the issue of selecting a preventive measure for the accused is decided.
Question
Is it possible to appeal a court decision made as a result of a review under exceptional circumstances?
Respond
A court decision made as a result of a review of decisions under exceptional circumstances may be appealed in accordance with the procedure provided for by the Code of Civil Procedure for appealing the decisions of the relevant instance.
After reviewing the case on the basis of the decision of the ECtHR, the accused can count on the restoration of violated rights, including the right to compensation for moral and material damage.
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If you believe that your rights have been violated during your criminal case, the author of the article or another experienced lawyer of the legal marketplace "Consultant" is ready to conduct a detailed analysis of your case. Acquaintance with the case materials and legal analysis of the documents will give an opportunity to draw a conclusion about the presence or absence of a violation of your rights, which could be the basis for reviewing and changing the sentence.
We will provide professional processing of all necessary documents and support at all stages of consideration of a complaint at the European Court of Human Rights.
- We will take all possible actions provided for by procedural norms so that your rights are protected at the international level.
Use our services to ensure high-quality and responsible implementation of your procedural rights to apply to the European Court of Human Rights and review the final decision in a criminal case under exceptional circumstances.
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Contact us for a detailed consultation and development of a strategy to establish the facts of violation of your rights and review the decision in a criminal case.
Revision of final decisions in criminal cases on the basis of violations found by the ECHR is an important mechanism for ensuring legal justice and protection of human rights in Ukraine. This not only helps restore justice for individuals, but also strengthens the country's overall legal system, making it more in line with international human rights standards.
The state provides support to persons whose rights have been restored after the decision of the ECtHR, in particular through the system of social benefits and other necessary assistance.
