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Publication date: 18.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
In criminal proceedings, the cassation instance is the last stage of the appeal procedure. If one of the parties (usually the convicted person or the complainant) does not agree with the decision of the appellate court, he can appeal to the cassation court.
The purpose of the cassation court is to check the correct application of the law and legal order by the previous court. It does not review the facts of the case or the evidence, as the appellate court does. Instead, the cassation court considers the correct interpretation of the law and procedural rules applied by the previous court.
The main tasks of the cassation instance include:
1. Verification and assessment of decisions of appellate courts from the point of view of the correctness of their interpretation and application of the law.
2. Ensuring uniform application of law and justice in accordance with the law.
3. Consideration of the parties' arguments about violations of rights and procedural rules in previous court decisions.
4. In Ukraine, the cassation authority in criminal cases is the Supreme Court. Other countries may have different courts or bodies responsible for cassation proceedings in criminal cases.
The procedure for appealing to the Supreme Court includes the following stages:
Submission of a cassation appeal: A party wishing to appeal a court decision submits a cassation appeal to the Supreme Court. A cassation appeal must be submitted in writing and meet the requirements of the law. In particular, the complaint should note: the name of the court, information about the complainant, indicate specific requirements and their justification, and also indicate a list of materials attached to the complaint. The legislation establishes a three-month period from the date of disclosure of the decision by the appellate instance for filing a cassation appeal. Compliance with deadlines for a cassation appeal is an important aspect in criminal proceedings, since missing deadlines can lead to the loss of the opportunity to appeal a court decision. This may require legal advice.
Registration of a complaint: After filing a cassation complaint with the Supreme Court, it is registered by the relevant court authority.
Preparation for consideration: After registering a cassation appeal, the case is transferred to the judges of the Supreme Court to prepare for consideration of the case.
Consideration of the case: After preparing the case for consideration, the judges of the Supreme Court consider the cassation appeal. The proceedings can take place openly or closed, depending on the specific circumstances of the case. When considering, the main task of the court is to check the correctness and validity of the application of norms by previous authorities.
Making a decision: After discussing the arguments of the parties, studying the case materials and listening to the opinions of the participants in the process, the court makes a decision on the cassation appeal. A decision can be made immediately after consideration of the case. The content of the decision may consist in the following aspects: leaving the decision of the previous instance unchanged, canceling such a decision and ordering a new trial, or canceling the decision and closing the proceedings, or simply amending the court decision.
Announcement of the decision: The decision of the Supreme Court is announced in open session and recorded in the minutes of the case.
The decision of the Supreme Court is sent to the relevant parties to the case and other interested parties. This is the general procedure for considering a cassation appeal by the Supreme Court, which may vary depending on the specific circumstances and type of case.
Lawyer's consultation during a cassation appeal:
A criminal lawyer is an indispensable participant in the process at all its stages. A criminal case requires constant legal support from a lawyer, because it is he who will ensure the protection of the rights of the suspect, accused, or convicted person, including by filing appeals and cassation complaints. A lawyer in a criminal case will examine all the materials, conduct a legal analysis of the situation, analysis of documents, prepare a legal opinion, draw up procedural documents, implement a defense strategy and provide many other extremely important processes within the framework of criminal proceedings.
