Publication date: 06.06.2024
Challenging a verdict in a criminal case: what a lawyer should pay attention to
Appealing the verdict of the first-instance court is a complex process that requires a lawyer to carefully analyze the case and provide clear arguments. A successful appeal is possible if a number of key aspects are carefully considered. Here is what a lawyer should pay attention to when preparing an appeal:
1. Incomplete consideration of the case by the court of first instance
First of all, the lawyer should check whether all the necessary circumstances were properly investigated in the court of first instance. Pursuant to Article 410 of the Criminal Code of Ukraine, the trial is considered incomplete if the court rejected the request of the trial participants for the questioning of witnesses, examination of evidence or other procedural actions necessary for the adoption of a reasoned decision. It is also important to take into account new data that may appear during the review of the case in the appellate court.
2. Inconsistency of the court's conclusions with the actual circumstances of the case
Article 411 of the Criminal Procedure Code of Ukraine defines that a court decision does not correspond to the actual circumstances, if the court's conclusions are not supported by evidence, essential evidence is not taken into account, or it is not explained why some evidence was accepted and others rejected. The lawyer should carefully check whether these requirements have been met, since the inconsistency of the conclusions with the actual circumstances can significantly affect the decision on the guilt of the accused and the degree of punishment.
3. Violation of procedural requirements by the court of first instance
Significant violations of the requirements of the criminal procedural law, specified in Article 412 of the Criminal Procedure Code of Ukraine, may be grounds for annulment of the decision of the court of first instance.Such violations include, in particular, the passing of a decision by an illegal composition of the court, the absence of the accused or his lawyer during the court proceedings, as well as non-fulfillment of the requirements for recording the court proceedings by technical means. The lawyer must check whether all procedural norms have been followed.
4. Violation by the court of first instance of the law on criminal liability
According to Article 413 of the Criminal Code of Ukraine, incorrect application of the law on criminal liability includes non-application of a necessary law, application of an unnecessary law or its incorrect interpretation. This also includes cases of imposing a more severe punishment than prescribed by law. A lawyer must check whether the laws were applied correctly and whether the punishment imposed meets the requirements of the law.
5. Imposition of unfair punishment
Article 414 of the Criminal Code of Ukraine indicates that the punishment should correspond to the degree of gravity of the crime and the person of the accused. Punishment that goes beyond what is reasonable can be considered unjust. The lawyer must assess whether the imposed punishment is fair in view of all the circumstances of the case, and whether it meets the requirements of the law.
Conclusion
An effective appeal against a verdict requires a lawyer to have a deep understanding of the case and a clear argumentation. Referring to the mentioned aspects, the lawyer has the opportunity to ensure his clients proper protection of their rights and legitimate interests. Careful legal analysis, full consideration of all the circumstances of the case, and correct application of the law are key factors in a successful appeal.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.
Legal service "Consultant" provides the service "lawyer's help online".
