How to appeal (change) a sentence based on newly discovered circumstances

The Ukrainian legal system has a unique mechanism that allows for the restoration of justice even after the verdict has become final. This is a review of the verdict based on newly discovered circumstances. This is not just a retrial of the case, but an extraordinary form of judicial control aimed at correcting a judicial error or taking into account facts that were unknown to the court when making the decision.

Such procedures guarantee compliance with the principles of the rule of law, justice and the right to rehabilitation, especially when it comes to human destinies, restrictions on freedom or illegal prosecution.

What are newly discovered circumstances?

Part 2 of Article 459 of the Code of Criminal Procedure of Ukraine defines newly discovered circumstances as facts that cast doubt on the legality and validity of a court verdict of a previous instance. In ordinary words, these are data that existed during the consideration of the case, but were not known to the court.

These key circumstances include:

1. facts that confirm that the evidence was falsified or created artificially, as well as if the conclusions or explanations of the expert were incorrectly translated;
2. knowingly false testimonies of witnesses, the victim, the suspect or the accused, on which the verdict is directly based;
3. the cancellation of the court decision, which was used as the main basis for the verdict or ruling that is now subject to review;
4. any other facts that the court was not aware of during the consideration of the case, and which independently or together with already known data prove that the court decision is unlawful.

Who has the right to file an application for review of the verdict

The following may file an application:

• the convicted person or his defense attorney;
• the victim or his representative;
• the prosecutor, if new circumstances affect the fairness of the decision.

All applicants must prove that new facts could have affected the content of the verdict, but were not taken into account earlier.

What are the deadlines for applying to the court regarding newly discovered circumstances?

The right to review a verdict or decision due to newly discovered circumstances is limited by clear procedural deadlines established by Art. 461 of the Code of Criminal Procedure of Ukraine.

An application for review of a verdict may be filed within three months from the moment the person learned or had the opportunity to learn about new circumstances in the case.

Exceptions to the general rule:

• if the basis is a decision of the Constitutional Court of Ukraine, the deadline is 30 days from the date of publication;
• if the basis is a decision of an international court, the term is 30 days from the moment of its acquisition of final status;
• unlimited in cases of rehabilitation. When new data prove the innocence of a person, begin to indicate a less serious crime, the terms do not apply. This is a guarantee of avoiding a miscarriage of justice.

Practical grounds for reviewing a sentence

According to the legislation and case law, a sentence may be reviewed in the event of:

• Falsification of evidence or testimony during the investigation;
• Revocation of the court decision that was the basis for the sentence;
• New documents that change the legal assessment;
• Discovery of facts that directly affect the qualification of the crime;
• Expert opinions obtained after the sentence.

The role of a lawyer in the process of reviewing a verdict based on newly discovered circumstances

The specialists of the law firm "Prikhodko and Partners" specialize in criminal law and have extensive experience in supporting cases of reviewing court decisions based on newly discovered circumstances. The team of lawyers adheres to a comprehensive approach that includes:

1. Preliminary audit of the case materials - a detailed analysis of all evidence and procedural decisions on which the verdict was based.
2. Identification of errors and new facts - studying documents, expert reports, interrogation protocols to establish new or distorted information.
3. Development of an individual strategy - determining the most effective line of defense, taking into account the practice of the Supreme Court and the European Court of Human Rights.
4. Preparation of procedural documents - drawing up a statement, forming an evidence base and motions.
5. Participation in the trial - representing the client's interests during the trial.
6. Control over the execution of the decision - ensuring the real restoration of rights after the review of the verdict.

Such an algorithm allows not only to correctly draw up an application, but also to increase the chances of a positive outcome even in the most difficult cases.

Review of the verdict based on newly discovered circumstances is a tool for restoring justice, which stands guard over human rights. This mechanism guarantees that even after the case is closed, a person still has a chance to prove his rightness. However, success depends on competent legal support, compliance with deadlines and careful preparation of the evidence base.

If you find yourself in a similar situation, do not hesitate - contact professional lawyers who have experience in such cases. Fill out the short form below to receive an individual calculation of the price of services and consultation with a lawyer who will answer your questions regarding the verdict review procedure.