Appealing against court decisions

Appealing against court decisions

Author

Kovalev Artem

Appeals against court decisions in Ukraine

Whether guilty or not, the court decides.
Our task is to prove your innocence, and we know how to do it. Svyatoslav Ugrin

It is worth noting that any appeal is a rather complicated procedure, thereby demonstrating, when considered, the superior advantages and existing shortcomings of the state’s judicial system, as well as ensuring the protection of the rights provided for by the Constitution. The Criminal Procedure Code provides for the appeal and cassation of the judicial authority, as well as the procedure for such an appeal.

It should be said that in order to protect the rights and interests of a citizen, the normative legal acts of Ukraine provide for the right to appeal against court verdicts. We point out that the Constitution of Ukraine notes that every citizen has the right to appeal or cassation. When applying the current legislation, the theoretical part from the practical one has significant differences, which is clearly expressed when revising decisions or court orders, thus, the services of highly qualified specialists who can provide professional assistance and protection during pre-trial investigation, court proceedings.

Let’s consider in more detail the appeal against the decision

Based on the above, the Code of Criminal Procedure emphasizes that an appeal to appeal a court decision is filed only on the condition that it has entered into legal force. An accused, a suspect, a prosecutor, a victim, legal representatives, and other persons provided for by the current legislation who have the right to file such an appeal in accordance with Chapter 31 of the said code, which pre-notes a list of a certain circle of persons who can appeal the sentence by drawing up a complaint

When filing an appeal, you should consider such features as:

inconsistency with the appeal on the basis of incompleteness of the consideration of the case in the judicial authority, the verdict of which was adopted by way of simplified proceedings;

the conclusions announced by the judge do not correspond to the existing circumstances in the criminal proceedings;

the presence of significant violations of the legal norms specified in the Criminal Procedure Code.

Cancellation of the decision of the court of first instance

When concluding an agreement on the provision of legal assistance, a person, according to the terms of the concluded agreement, authorizes her own human rights defender to represent and protect her own rights and interests. In turn, the defender at the end of the specified agreement has the right to file a complaint in the interests of the person he represents.

According to the current code, the accused has the following rights: 

• Submission of a petition for early release, as well as a lighter sentence;
• In the presence of severe health-related features;
• Apply for release from serving a sentence with the possibility of a probationary period;
• The release of women in the presence of children under 3 years of age, pregnant women, etc.

Procedure and time frame for filing an appeal

The court may refuse to open an appeal procedure, if there are deficiencies in such a complaint, the court gives no more than fifteen days to eliminate them. From the moment when the indicated deficiencies are eliminated, the court opens proceedings in this case within three days.

Appeal period

When filing an appeal, it is provided that within thirty calendar days from the moment when the judicial authority made a decision, or from the moment the convicted person receives a copy of the conviction/acquittal. The specified period was formed with the aim of identifying and correcting judicial errors made during the previous consideration, ensuring the required time for familiarization with the decision, including the preparation of a future complaint, in the name of protecting the violated rights of a citizen. Consequently, during the period of filing an appeal, the investigative action, as well as the sentence, are stopped, except for the case when the defendant/suspect was taken into custody, in this case the entry into legal force stops, but the execution of the sentence itself does not stop.

The filing of an appeal in cassation proceeds in this way

At the time of filing the cassation proceedings, he is the final instance for obtaining the necessary legal protection, before applying to international judicial authorities or relevant institutions.

Thus, when drawing up the specified appeal, the judicial authority as a matter of priority checks the correctness of the application of the substantive law in the CPC, compliance in providing a legal assessment of the circumstances, the first instance was not brought, and the appeal. Suffice it to note that during the consideration of the cassation trial, the court does not have the right to examine the evidence submitted by the person, establish and recognize as proven circumstances that were not previously investigated, established in the appealed court decision, including deciding on the reliability of one or another proof.

The most significant stage during the filing of the appeal is its preparation. In order to exercise the right to cassation, it is worth determining the circle of persons provided for in the CPC who have such a right, and, accordingly, the subject of the cassation appeal. According to the Code of Criminal Procedure, the above persons have the right to file a cassation within a period of up to 3 months from the date of acceptance of the appeal, if it is submitted by a convicted person who is in custody, from the moment a copy of the court decision is served. If the parties were previously notified of the place and time of consideration of the appeal, upon approval, they appeared in the courtroom for consideration, this does not interfere with the trial, unless the court obliges the presence of the parties. If a petition is submitted by a convicted person, his personal presence in the courtroom is mandatory.

We point out that the courts of cassation/appeal do not have the ability, by their own right, to significantly influence the position of the convicted person, including the case when the question about this comes from the prosecution. Namely, the court does not have the right to apply the law on a more serious criminal offense or a more serious severe punishment in relation to the convicted person during consideration. The result of the consideration of the cassation is a decision motivated by the judicial authority.

When examining the materials, the court has the right to leave the filed complaint unchanged, cancel/change/close criminal proceedings, including the appointment of consideration in the court of first or second instance. When the judge approves the review of the criminal case, and opens a new trial, a heavier punishment may be applied to the convicted person, provided that the sentence was implemented in connection with the need to apply the law on a more serious criminal offense or toughening the punishment on a complaint filed by a prosecutor, a victim or by his representative, including the case when, under a new one, it is established that the accused has committed a more serious criminal offense or increased punishment on the complaint of the prosecutor, the victim or his representative, as well as if it is established that the accused has committed a more serious criminal offense than the one that he committed or if the amount of accusation increased.

In the presence of appropriate circumstances, the court of cassation, when considering, has the right to close the criminal proceedings.

Among the basic code, the following conditions are indicated:

• there is no corpus delicti in criminal proceedings;
• the absence of weighty evidence of the person’s guilt, the possibilities of obtaining them have been exhausted;
• at the time of the consideration of the case, the entry into force of the law, which abolishes the responsibility for a certain type of offense by the convicted person;
• death of the convicted person.

The verdict of the court of appeal/appeal of the cassation instance is an individual law enforcement act expressed in a form defined by law, in which the court of appeal or cassation, in the manner prescribed by law, in order to fulfill both the tasks of criminal proceedings and its corresponding stage, establishes the necessary measures in order to prepare for the appeal or cassation consideration, its proper conduct, responds to the question raised in the appeal or cassation complaint about the fairness or unlawfulness of the decision of the lower-level court and expresses the will of power based on the evidence available in the materials of criminal proceedings and the circumstances established by the court of appeal criminal proceedings and the provisions of the criminal procedural law of Ukraine.

At the time of the appeal and cassation proceedings, many procedural decisions are made, each of which carries a function inherent exclusively to it. The limitation of the court of appeal and cassation instances in the scope of the check of the court decision provides ample opportunities for the parties – it allows the parties to appeal against the verdict or ruling selectively, focusing on what, in their opinion, there is a violation in it that is not beneficial for them, committed “not in their favor” … The parties receive the right to refer in their appeal or cassation complaint only to information that is really important for them, rejecting everything that is insignificant to protect their rights, freedoms and interests. Exercising its powers, a higher-level court brings to the attention of lower courts, investigating judges about violations revealed in criminal proceedings, indicates their reasons, determines the most effective options for their elimination. At the same time, each decision gives an answer to the arguments of the cassation appeal, establishing its validity or groundlessness.

With the help of our highly qualified legal specialists, you will receive not only a reliable legal defender in the criminal process who will defend your rights and legitimate interests in court, but also a person who will prove your case to the end, defending your interests as much as possible.

IMPORTANT! How to understand that a lawyer is an amateur or not a professional in criminal matters?

• The lawyer takes a passive position. For example, when a criminal lawyer is just nearby during a search and does nothing (most likely, because he does not understand anything).
• The lawyer behaves aggressively towards the investigator or operatives. There are situations when a criminal lawyer constantly gets into conflicts, shouts, and frightens law enforcement officers.
• The lawyer is trying to make friends with the investigator. This often happens when a criminal lawyer asks not to seize something during a search and builds friendly relations with the investigator or operatives. High-quality defense in criminal cases is, first of all, the independence and objectivity of a lawyer.
• The lawyer claims that you should not do anything, let the investigation look for evidence. This happens in cases of interrogation, when it is recommended to “completely go to Art. 63 of the Constitution of Ukraine ”, instead of fixing the essence of the interrogation and understanding what the person is accused of.
• A lawyer uses common phrases without understanding criminal law terminology. You have to understand that criminal cases are not civil. For example, when a lawyer says “some kind of certificate”, “something was taken in court” or confuses the statuses “defendant”, “plaintiff” with criminal “suspect”, “accused.”

A good criminal lawyer cases – this is either a former investigator or a prosecutor who clearly understands how the investigation works or a lawyer with extensive experience in criminal cases, there is no other way! This is especially important if you are looking for a serious crime lawyer!

Basic guidelines by which you can determine that a criminal lawyer is truly professional and will not cheat.

Relationship. A good crime lawyer or law firm always has clients. Relationships should be built like this – you asked for help, it is not a lawyer who runs after you to lure money out. If the opposite happens, be careful!

Office. A lawyer must have an office and not change it for a certain time (at least a year). There are, of course, different cases, but the most important factor in choosing a lawyer is stability. If a criminal lawyer has been working steadily for a long time, then everything is fine with him, and if everything is fine with him, then most likely you will be fine.

Reviews. Before hiring a criminal lawyer, first look at the reviews on Google or social. networks. At the same time, do you treat reviews reasonably? Read them and grasp the essence. It happens that competitors or other unfriendly people write negative reviews. And it happens that reviews are clocked for a couple of hundred hryvnia.

Media. Today, each person will be best told by his social networks. Come and see them. This will help you understand how your future lawyer lives, what cases he does, what achievements he has, by whom and where he is recognized as a specialist.

Experience. An experienced criminal lawyer should not only convince you that he clearly understands what is happening in your specific situation, he should put on the table the same or similar cases in which he took part and where a positive result has been achieved. If there are only words and there is no evidence – do not believe, every lawyer wants to take money from you. It is important that this money is for the cause, not for the words.

Contract. A contract with a lawyer is a very complicated thing. Because he makes them every day, but you do not, and it can be difficult to delve into the whole point. Do not be too lazy to read! Pay special attention to the lines of the contract – how long the lawyer undertakes to provide legal assistance, the amount of work, either in hours, or in specific actions.

Important! A lawyer cannot guarantee a won case – but he can clearly define the scope of work. Pay attention to the general phrases “for providing legal assistance” or “comprehensive support of the case” or “all the services of a criminal lawyer at the stage …”

A situation may arise when you later say “I paid 5 thousand cu, and you are not doing anything. ” And he will say – “I study the materials and prepare one document for the court and I think that this is enough.” And then you will not prove anything and will be forced to look for another lawyer.

Price. What are the prices for criminal defense lawyers in Kiev? What are the prices for criminal lawyers in general in Ukraine? In fact, the prices for criminal defense lawyers are different, from UAH 500 per hour or action to thousands of dollars. Price is a very important criterion especially in criminal matters. A good professional crime lawyer cannot be cheap. But at the same time, the price must be justified. Again, if a criminal lawyer takes $ 1,000 and does 5 specific actions for this, this is normal. And when he takes the tighter $ 1,000 and says “for complex business management” and then does nothing, then this is not normal.

Comparison. Never agree to immediately work with the first lawyer with whom you managed to talk. At least 3 interviews should take place. Then you will be able to understand in comparison who is who. And who is a really criminal lawyer from lawyers, how much does a criminal lawyer cost and who is the best to contact them for help.

What if you are suspected of or charged with a criminal offense?

• You need a good criminal lawyer. How do you find such a lawyer? Search on the Internet, select several lawyers specifically in criminal cases. Choose at least three lawyers who specialize in criminal law.
• Next, you need advice on a criminal case. High-quality criminal counseling will let you understand whether or not a professional lawyer is what to do next and how much the services of this criminal lawyer cost.
• Follow the advice of a lawyer to act with him.

 Cost of a lawyer in criminal cases

Depending on whether what status you are there are two options for paying for the services of a criminal lawyer:

1. Accompanying individual investigative actions

More suitable for those who are not involved in the case, and are in the case of a witness.

• express consultation of a criminal lawyer by phone without analyzing the situation – 500 UAH, just to describe your rights in order to understand , what can be done, what must not be done and the first mistakes to be avoided
• preparation of a response to a request to provide documents – $ 100

It is important to understand what is really, according to Art. 93 of the Criminal Procedure Code of Ukraine, the investigator has the right to demand the provision of documents. But what happens if they are not provided? There is no responsibility for this, but it gives the investigator the right to go and take a court order for a search. Therefore, you need to weigh what is more reasonable for you – to give documents for the request or sit and wait for the search.

• escort during interrogation – 100 USD/hour, but not less than 200 USD. for investigative action
• escorting a search – $ 100/hour, but not less than $ 500 for investigative action
• return of confiscated property – from 500 USD or a percentage of the total cost
• other investigative and procedural actions are paid hourly at the rate of 100 USD/hour robots of the company’s lawyer.

2. Comprehensive criminal case management at the stage of pre-trial investigation, court of first instance, appeal or cassation.

Comprehensive criminal case management suits a person suspected, accused or convicted. Because it is difficult for a criminal lawyer to immediately determine the scope of work and the strategy of the defense. You need to familiarize yourself with the case to make a defense plan and backup options if the main ones do not work.

The cost of a criminal lawyer for each stage is from 3000 USD. up to $ 10,000 depending on the complexity of the case and its size.

How we work on the integrated management of criminal cases:

• Signing a contract with a criminal defense attorney and joining the case.

This is the first step, at which a criminal attorney in our company affairs communicates with you in essence of the case, in order to understand what is the essence of the crime and what exactly I can incriminate you.

• Familiarization with a criminal case by a criminal defense lawyer.

At this stage, you pay – 1 thousand c.u. This is the payment for the involvement of our company’s crime lawyers. Study the materials of the criminal case and the formation of a plan and strategy for the defense. When we understand how much work needs to be done, we issue an invoice for the remainder of the payment within the amount discussed above.

• Be sure to determine the success fee of criminal defense lawyers – this is an additional remuneration for criminal lawyers for achieving a positive goal in your case. This is a very important point. Since it additionally stimulates a criminal lawyer to achieve a positive result.

Prikhodko & Partners Law Firm is the best experienced criminal lawyer in Kiev!

Sign up for a consultation, we will definitely find a solution to your problem. If during the consultation we are not convinced that we are really professional criminal lawyers, we will refund the money for the consultation!

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