Publication date: 05.06.2024
Decisions that can be challenged in the appeal procedure
In a criminal case, it is possible to appeal the following court decisions in the appellate procedure:
1. Sentences, with the exception of cases provided for by law.
2. Decisions concerning the application or refusal to apply coercive measures of a medical or educational nature.
3. Other resolutions in cases provided for by law.
Decisions made in court proceedings prior to the adoption of the above-mentioned decisions are not subject to a separate appeal, but can be included in the appeal against the court decision by commenting on them.
Decisions concerning the selection, extension or change of a preventive measure to detention are subject to appeal.
Entities who have the right to appeal a court decision in a criminal case
Article 393 of the Criminal Procedure Code of Ukraine defines the circle of persons who have the right to appeal a court decision in a criminal case. Here is a list of such subjects:
1. The suspect, the accused, the victim, their legal representatives or a defense attorney.
These persons have the right to appeal the court's decision in the parts that concern their interests.
The accused has the right to appeal the acquittal only in terms of the motives and grounds of the acquittal
2. Prosecutor. The prosecutor also has the right to appeal the court's decision on appeal.
3. Civil plaintiff or civil defendant.
In cases where civil claims are considered in a criminal case, the civil claimant or civil defendant has the right to appeal the court's decision regarding the settlement of civil claims.
4.Other participants in the legal process.
Some other litigants who have a legitimate interest in the case may also have the right to challenge the court's decision.
These norms of the procedural code provide all interested persons with the opportunity to challenge court decisions and defend their rights within the framework of criminal proceedings.
The procedure and deadlines for appealing the decisions of the court of first instance in criminal cases
1. Submission of an appeal:
- An appeal against the decision of the court of first instance is submitted through the court that made this decision.
- The appeal is submitted directly to the court of appeal against the decision of the investigating judge or the decision of the court on the application, change or extension of a preventive measure in the form of detention.
2. Deadlines for submitting an appeal:
- The deadline for filing a complaint against a verdict or decision on coercive measures of a medical or educational nature is 30 days.
- The time limit for filing a complaint is 5 days for court rulings on preventive measures in the form of detention and other rulings of the investigating judge. For other court decisions - 7 days.
3. Procedure for calculating the appeal period:
- For a person who is in custody, the term for filing an appeal is calculated from the moment when a copy of the court decision is delivered to him. For other persons - from the day the court decision is announced.
4. Acquaintance with the materials of criminal proceedings:
- During the appeal period, the materials of the criminal proceedings cannot be removed from the court. The court must provide the participants in the legal process with the opportunity to familiarize themselves with these materials at their request.
Conclusion
In criminal proceedings, the decision of the court of first instance can have a significant impact on the further course of the case and the rights of the participants in the process. According to the article on appeal, such decisions can be appealed in the appeal procedure, which provides the possibility of reviewing the case at the second level of court proceedings.
It is important to emphasize that professional legal assistance is a key element in ensuring the rights and interests of participants in criminal proceedings. The lawyer, as the main representative of the client, has not only the competence and experience to analyze the circumstances of the case and the decisions made, but also the opportunity to provide the necessary consultation and legal opinion on the feasibility of appealing this or that decision. In particular, the lawyer can analyze documents, provide written advice, check documents and prepare appropriate appeals, providing professional training and representation in the interests of the client at all stages of the appeal process.
Therefore, in ensuring the effective protection of the rights and interests of the participants in criminal proceedings, the professional assistance of a lawyer plays an important role, which provides a high-quality legal analysis of the situation and the ability to determine the expediency of appealing the decisions of the court of first instance in the interests of the client.
Legal service "Consultant" provides the service "lawyer's help online".
