File a criminal complaint

According to Article 14 of the International Covenant on Civil and Political Rights (Part Five), anyone who has been convicted of a criminal offense has the right to have their sentence reviewed by a higher level of jurisdiction.

The modern Ukrainian judicial system is not perfect. That is why appeals against sentences are a common occurrence. To do this, you need to file an appeal in criminal proceedings. The lawyers of PRIKHODKO & PARTNERS will help you with this. In the appeal procedure, in particular, a ruling, a sentence, etc. can be appealed.

Features of the appeal in criminal proceedings

An appeal in criminal proceedings is filed in writing. It can be filed by a person wishing to appeal against a court decision, his representative or defense counsel. According to Article 395 of the Code of Criminal Procedure of Ukraine, an appeal can be filed against the verdict of the court of first instance within 30 days from the date of its announcement. If the verdict was announced without the participation of the accused, the appeal period begins from the moment the verdict is received (in case of being in custody, from the moment a copy of the court decision is served).

Among the structural components of the appeal:

1. Data of the person filing the complaint (last name, first name, patronymic, place of residence, contacts).
2. The appealed decision of the court, indicating the name of the court.
   personality requirements.
3. Justification of the requirements for the illegality / groundlessness of the sentence.
4. Evidence request.
5. Applications.

First, the appeal is submitted to the court of first instance, that is, to the court that issued the sentence.

In recent years, Ukraine has seen a significant decrease in the number of acquittals compared to convictions. Professional legal assistance of PRIKHODKO & PARTNERS lawyers will allow you to appeal against the court verdict.

Decision on consideration of the appeal

After the appeal is received by the court of appeal, it is transferred to the judge-rapporteur. Within three days, it is checked for compliance with the requirements of Article 396 of the Criminal Procedure Code of Ukraine.

The judge-rapporteur, based on the results of the verification of the appeal, makes one of the following decisions:

• Leaving the appeal as before (Article 399 of the Code of Criminal Procedure, part one).
• Return of an appeal (Article 399 of the Code of Criminal Procedure, part three).
• Refusal to open appeal proceedings (Article 399 of the Code of Criminal Procedure, part four);

According to article 399 of the Code of Criminal Procedure (part six), the person who filed the appeal may appeal against the ruling of the rapporteur judge. Leaving the complaint without consideration, its return allows you to re-apply to the court of appeal in the manner prescribed by the Code of Criminal Procedure of Ukraine.

The main grounds for changing/cancelling the decision may be:

• Incompleteness of the trial.
• Significant violation of the requirements of the current criminal procedure law.
• Inconsistency of punishment with the gravity of the committed criminal offense.

PRIKHODKO & PARTNERS lawyers will be able to protect your interests! Fill out the form below to calculate the price of a consultation and help a lawyer to file an appeal in your criminal proceedings.