Publication date: 08.06.2024
Court decisions in a criminal case, which can be appealed in the cassation procedure
Appealing court decisions is an important part of the process of protecting the rights and freedoms of citizens. In criminal cases, the cassation appeal allows to check the legality and reasonableness of verdicts, decisions and resolutions of courts of first instance and appellate instance. This process provides an additional guarantee of justice and the possibility of correction of judicial errors.
What decisions can be appealed
In accordance with the provisions of the Criminal Procedure Code of Ukraine, different categories of court decisions relating to criminal cases may be reviewed in the cassation procedure.
1. Verdicts and decisions of the court of first instance:
- Sentences, as well as decisions on the application or refusal to apply coercive measures of a medical or educational nature, which were issued by the court of first instance and reviewed in the appeal procedure, may be appealed in the court of cassation. This means that after the appellate review, such decisions may be subject to a cassation appeal, if there are grounds to believe that they do not comply with the law or have other deficiencies.
- In addition, court decisions of the appellate instance relating to the said verdicts and decisions of the court of first instance are subject to appeal.
2. Court decisions:
- Decisions of the court of first instance reviewed by the court of appeal and decisions of the court of appeal may be appealed in the cassation procedure if they prevent further criminal proceedings. This applies to cases where the decision effectively stops further consideration of the case.- All other decisions can be included in the cassation appeal against the main court decision issued as a result of the appellate review.
3. Sentences based on the agreement:
Verdicts of the court of first instance, passed on the basis of an agreement between the parties, after their revision in the appellate procedure, may be challenged in the cassation procedure. This is possible if:
- The convicted person, his lawyer or legal representative appeals the sentence on the grounds that the court imposed a more severe punishment than agreed upon by the parties to the agreement, or if the sentence was passed without the consent of the convicted person, or if the court did not fulfill the requirements of the law regarding the clarification of the consequences of concluding the agreement.
- The victim, his representative or legal representative may appeal the sentence in cases of a less severe punishment than agreed upon by the parties to the agreement, or if the sentence was passed without the consent of the victim, or if the court did not fulfill the requirements for clarifying the consequences of concluding the agreement.
- The prosecutor may file a cassation appeal if the court imposed a less severe punishment than the one agreed upon by the parties to the agreement, or if the court approved the agreement in proceedings where the agreement could not be concluded according to the law.
4. Decisions of the investigating judge:
- Decisions of the investigating judge after their review by the appellate court, as well as the decisions of the appellate court based on the results of the review of the appeal against such decisions are not subject to cassation appeal. This means that such decisions are final and cannot be reviewed by the court of cassation.Thus, the cassation appeal provides an additional opportunity to review court decisions, which ensures the correction of possible errors and guarantees the protection of the rights of participants in the criminal process.
Dear customers!
The legal service "Consultant" invites you to use professional legal assistance in appeals of court decisions in criminal cases in the cassation procedure. Our experienced lawyers and attorneys are ready to provide you with comprehensive services, including:
- Consultation of a lawyer: Get professional help from our qualified lawyers who will provide you with comprehensive information and advice about your case.
- Consultation of a lawyer: Our lawyers will provide you with a detailed consultation, help you understand the legal aspects of your case and the possibilities of appealing court decisions.
- Document analysis: We will carefully check all the necessary documents related to your case and provide you with a qualified assessment of their legality and validity.
- Legal analysis of the situation: Our specialists will conduct an in-depth legal analysis of your situation, determine possible defense strategies and challenge court decisions.
- Written advice: You can get detailed written advice that will help you understand all the nuances of your case and prepare for a cassation appeal.
- Verification of documents by a lawyer: Our lawyers will carefully check your documents to ensure that they are correct and comply with the requirements of the law.
We also offer the help of an lawyer's help online and an lawyer online, which allows you to get professional advice and support without leaving your home.
Don't delay! Contact the legal service "Consultant" for qualified assistance in appeals of court decisions in criminal cases in the cassation procedure. Our experts will provide you with reliable legal support at all stages of the process.
Best regards,
Legal service "Consultant"
