Publication date: 08.06.2024
The procedure for filing and requirements for a cassation appeal in a criminal case
The cassation appeal is an important part of justice, which provides the opportunity to review court decisions in criminal cases at the highest level. This right gives citizens the opportunity to challenge decisions of lower courts that may be wrongful or unfounded.
Procedure and terms of cassation appeal
A cassation appeal is submitted directly to the court of cassation instance. This means that the appellate courts do not participate in the transfer of such complaints. It is important to adhere to the deadlines for filing a cassation appeal: it can be filed within three months from the announcement of the court decision by the appellate authority. For convicts who are kept in custody, this term is calculated from the day of receiving a copy of the court decision. It is important to note that during this period the materials of the criminal case cannot be requested by other courts, except the court of cassation.
Who has the right to file a cassation appeal?
The following persons have the right to file a cassation appeal: convicted, acquitted, suspect, accused, minor, in respect of whom the question of applying coercive measures of an educational nature was decided, victim, civil plaintiff, civil defendant, representative of the legal entity in respect of which the proceedings were conducted, their legal representatives, representatives or defenders - in parts that concern their interests.
Requirements for a cassation appeal
A cassation complaint must be made in writing and meet certain requirements. It should contain:
1. Name of the court of cassation instance.
2.Name, surname, patronymic (or first name) and address of the person making the complaint, as well as telephone number and e-mail address, if available.
3. Indication of the contested court decision.
4. Justification of the complaint, in particular, an indication of the illegality or groundlessness of the contested decision.
5. Specific requirements for the court of cassation instance.
6. List of documents attached to the complaint.
If a person does not wish to participate in the cassation proceedings, this should also be stated in the complaint. The complaint must be signed by the person submitting it. If the complaint is filed by the defense attorney or the victim's representative, documents confirming their authority are attached to it. In addition, copies of contested court decisions and their copies for all participants in the court process, except for convicts who are in custody, must be attached to the complaint.
Conclusion
The cassation appeal plays a key role in ensuring justice in criminal cases. It allows you to correct possible mistakes made by lower courts and ensures that the final decision will be legal and justified. The right to a cassation appeal gives citizens the opportunity to protect their rights and interests, which is an important component of the rule of law.
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