Publication date: 06.06.2024
Possibilities of appeal in a criminal case
Appellate appeal is an important element of justice, which provides the possibility of reviewing the decisions of the court of first instance in criminal cases. The appellate court can make a number of decisions following the appeal, including changing the sentence, overturning the decision of the first instance court or making a new decision.
Decision of the court of appeal
The appellate court has several options for action after considering the appeal:
1. Upholding the decision: If the appellate court considers the decision of the court of first instance to be legal and justified, it can leave it unchanged.
2. Reversal of the decision and adoption of a new decision: The Court of Appeal may annul the decision of the court of first instance and adopt a new decision if it recognizes that substantial violations have been committed.
3. Modification of the decision: The court may modify the verdict or decision of the court of first instance, reducing or increasing the punishment.
Cases of change of judgment by the appellate court
The appellate court can change the verdict of the court of first instance in the following cases:
1. Incorrect application of the law: If the court of first instance incorrectly applied the law on criminal liability.
2. Non-compliance of the prescribed punishment with the gravity of the crime: If the punishment does not correspond to the gravity of the committed criminal offense or the person of the accused.
3. Significant violations of the criminal procedural law: For example, if the rights of the accused were violated during the trial.
4. Incompleteness of the trial: If important circumstances of the case remain uninvestigated.
Grounds for canceling or changing the decision of the court of first instance
The appellate court can cancel or change the decision of the court of first instance in cases where:
1. Incompleteness of the trial: If important circumstances or evidence were omitted during the trial.
2. Inconsistency of the court's conclusions with the actual circumstances: If the court's decision does not correspond to the actual facts of the case.
3. Significant violations of the procedural law: For example, if the rights of the accused were violated during the trial.
4. Inconsistency of the applied punishment with the gravity of the crime: If the punishment is too severe or too mild for the crime committed.
Applying a more severe punishment
The appellate court can annul the decision of the court of first instance and issue a new one that worsens the situation of the accused in the following cases:
1. Application of the law on a more serious criminal offense: If the appellate court considers that the act of the accused falls under a more serious crime.
2. Increase in amount of recovery: If the appellate court is of the opinion that the amount to be recovered should be increased.
3. Application of a more severe punishment: If the appellate court recognizes that the imposed punishment does not correspond to the gravity of the crime.
Висновок
Thus, the possibility of appealing the decisions of the court of first instance is an important element of the judicial system, which provides an additional level of protection of the rights of participants in criminal proceedings. Every citizen has the right to a fair hearing of his case, and the appeal acts as a mechanism for correcting possible errors and violations that may arise at the stage of the initial trial.Legal service "Consultant" provides legal assistance in any situation. Our lawyers will carry out a legal analysis of the situation, make a comprehensive analysis of documents, prepare a legal opinion and ensure the representation of the client's interests in state authorities or a court, will take part in a court hearing in any city of Ukraine. Consulting a lawyer and legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
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