An appeal against a court decision in criminal proceedings – assistance of a lawyer

An appeal against a court decision in criminal proceedings – assistance of a lawyer

Author

Panasenko Oleksiy

An appeal against a court decision in criminal proceedings - a lawyer's help in appealing a court decision of the first instance!

We will help you challenge the court decision in your criminal proceedings!

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According to the International Covenant on Civil and Political Rights, anyone who has been convicted of a criminal offense has the right to review the sentence by a higher court. The modern Ukrainian judicial system is not perfect. That is why appeals against sentences are a common phenomenon. For this, it is necessary to file an appeal in criminal proceedings.

PRIKHODKO & PARTNERS lawyers will help you with this. In particular, the determination, sentence, etc. can be appealed in the appellate procedure. An appeal in criminal proceedings is filed in writing. It can be submitted by a person wishing to appeal a court decision, his representative or a defense attorney.

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 day of its announcement. If the sentence was announced without the participation of the accused, the term of appeal begins from the moment of receipt of the sentence (in the case of detention - from the moment of delivery of a copy of the court decision). First, an appeal is filed in the court of first instance, that is, in the court that issued the sentence.

In recent years, Ukraine has seen a significant decrease in the number of acquittals compared to prosecutions. The professional legal assistance of PRIKHODKO & PARTNERS lawyers will allow you to appeal the court's verdict.

Based on the results of the review of the appellate complaint, the reporting judge makes one of the following decisions:

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

According to article 399 of the Code of Criminal Procedure, a person who filed an appeal may appeal the decision of the reporting judge. Leaving the complaint without consideration, its return allows you to re-apply to the court of appeals in accordance with the procedure provided for by the Code of Civil Procedure of Ukraine.

The main reasons for changing/cancelling the rendered decision may be:

1. Incompleteness of the trial.
2. A significant violation of the requirements of the current criminal procedure law.
3. Disproportion of punishment to the severity of the committed criminal offense.

PRIKHODKO & PARTNERS lawyers will be able to appeal court decisions in an appeal - leave an application on our website or call us! We will professionally help you to appeal the decision of the court in criminal proceedings!