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Panasenko Oleksiy

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Appealing a court verdict in a criminal case

The judicial system of no country in the world is perfect. Serious mistakes can be made during the investigation, collection of evidence and decision making. It is for these cases that the procedure for appealing the court verdict is provided. In order to challenge a court verdict in a criminal case, you must enlist the support of professional lawyers. Lawyers Prykhodko and Partners have the necessary experience to challenge a court verdict in a criminal case.

What court decisions can be appealed?

An appeal against a court decision (among them – an appellate appeal) is determined by the specifics of the conditions, reasons, form, subjects, content, procedure and terms of the appeal.

According to the current Ukrainian legislation, you can appeal:

  • Acquittals.
  • Guilty verdicts.
  • Decisions, resolutions (for example, on closing a case).

In Article 395 of the Criminal Procedure Code (paragraph one, part two), appeals against the verdict of the court of first instance can be made within 30 days from the day of its public announcement.

If a person who wants to appeal a court verdict in a criminal case is in custody, the period for filing an appeal begins from the moment when he was served with a copy of the court decision.

Also, the terms of appealing court actions depend on many factors. Example:

  1. 30 days – for a verdict, a decision to take measures of an educational or medical nature.
  2. 7 days – for a court decision.
  3. 5 days – to determine the investigating judge.

An appeal against a court verdict is submitted to local judicial authorities. after that, the appeal is forwarded to the appellate instance. As for the appeal against the decision of the investigating judge, the appeal must be filed directly with the Court of Appeal.

The form of the appeal is also important. It is very important not to miss the recommended deadlines.

In order to appeal the court’s decision, it is necessary to make a correct application. It must contain the following components:

  • Information about the person filing the claim.
  • Name of the court.
  • A court decision to be appealed.
  • Reasons for disagreement with the court decision.
  • Grounds for changing/overturning the initial decision.

The application to appeal the court decision can be returned in the following cases:

  1. This court does not handle such cases.
  2. The person did not have the right to submit it.
  3. Untimely submission of a complaint.
  4. The judge sees no reason to reopen the case.

Assistance of professional lawyers in appealing a court verdict in a criminal case

Appealing a court decision is a rather complicated matter. In most cases, it is necessary to make significant efforts to make a fair decision. Only a professional defense attorney will be able to protect your interests and challenge the court verdict in criminal proceedings. Our law firm Prykhodko and Partners employs European-level lawyers. We will be able to develop the most effective algorithm of actions to achieve the desired result.

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