Publication date: 08.06.2024
Cases of review of decisions of the cassation instance in criminal cases
Ukrainian legislation provides for the possibility of reviewing final decisions in criminal cases in cases defined by the procedural code. Such a procedure is essential to ensure justice and the right to a fair trial for the accused. Review of court decisions in a democratic society is of great importance, as it allows correcting judicial errors and protecting the rights of all participants in the process.
Cases in which review of decisions is allowed
Court decisions that have entered into legal force may be revised under newly discovered or exceptional circumstances.
Newly discovered circumstances
Newly discovered circumstances include:
1. Falsification or falsification of evidence, erroneous translation of conclusions and explanations of an expert, knowingly false testimony of a witness, victim, suspect, accused, on which the verdict is based.
2. Cancellation of a court decision, which served as a basis for passing a sentence or issuing a decision that requires revision.
3. Other circumstances that were not known to the court at the time of the case and which confirm the incorrectness of the sentence or decision.
Exceptional circumstances
Exceptional circumstances include:
1. Recognition by the Constitutional Court of Ukraine of the unconstitutionality of the law, other legal act or their separate provisions, which were applied by the court during the case consideration.
2. Establishment by an international judicial body, the jurisdiction of which is recognized by Ukraine, of the fact of violation of international obligations by Ukraine during the decision of this case by the court.
3.Establishing the fact of a criminal offense committed by a judge, or abuse by an investigator, prosecutor, investigating judge or court in the course of criminal proceedings, which led to the adoption of a court decision.
The deadline for a request to reconsider the final court decision in a criminal case
An application for review of a court decision based on newly discovered circumstances can be submitted within three months from the moment when the person learned or had the opportunity to learn about these circumstances.
A review of the acquittal verdict based on newly discovered circumstances is possible only within the limits of the statute of limitations for criminal prosecution.
If there are circumstances confirming the commission of a more serious criminal offense than the one for which the person was convicted, review of the decision is possible during the statute of limitations for prosecution for this crime.
In cases where the circumstances confirm the innocence of the convicted person or the commission of a less serious criminal offense, the terms for revision are not limited.
An application for review of a court decision may be submitted under exceptional circumstances:
- Within thirty days from the day of official publication of the decision of the Constitutional Court of Ukraine.
- Within thirty days from the day when the person learned about the acquisition of the status of final by the decision of the international judicial institution.
- Within thirty days from the day when the verdict in criminal proceedings on the crime committed by the judge or the decision on abuse became legally binding.
Requirements for an application for review of a court decision
An application for review of a court decision must be submitted in writing and include the following information:
1.Name of the court to which the application is addressed.
2. Surname, first name, patronymic (given name) of the applicant, his postal address, number of the means of communication and e-mail address.
3. The court decision, the application for review of which is submitted.
4. Circumstances that could affect the court decision, but were not known during the trial.
5. Justification of the presence of newly discovered or exceptional circumstances and content of the applicant's demands to the court.
6. Petition to extend the application deadline, if necessary.
7. List of attached documents and other materials.
The application must be signed by the applicant. In case of submission of the application by the defense attorney or representative of the victim, it is necessary to add documents confirming their authority. Copies for all participants in the court proceedings are attached to the application.
Revision of decisions of the cassation instance in criminal cases is an important mechanism for ensuring justice and protecting the rights of citizens in a state governed by the rule of law.
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