Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Cassation appeal in a criminal case
According to the current Ukrainian legislation, the Supreme Court of Ukraine is the main body that deals with the consideration of cases decided by the appellate court. Among the structural elements of this instance is the Criminal Court of Cassation. A cassation appeal in a criminal case is a procedurally complex document. Its development requires not only a thorough analysis of the entire situation, but also the presence of impeccable knowledge of the requirements of current Ukrainian legislation. Among the specific features of criminal law is the application of sufficiently serious punishments. The most common among them is deprivation of liberty. That is why, in the process of preparing a cassation appeal, all the nuances should be taken into account so as not to miss a single detail. Every little thing can play a decisive role in the process of consideration of the case by the panel of judges. Specialists of our law firm Prykhodko and Partners are ready to take on all responsibility for preparing the necessary package of documents for cassation.
What is the role of a cassation appeal in a criminal case?
There are a large number of cases where the defendant absolutely does not agree with the decision that was made during the court session. Criminal cases are no exception. Before the sentence has taken effect, it can be appealed. The most common option is to appeal the verdict in the cassation procedure. For this, it is necessary to file a cassation appeal against the court verdict on legal grounds. The complaint is based on the court protocol or other materials relevant to the case.
What is a cassation appeal? This is a very important document that only a professional lawyer will be able to correctly draw up and execute. The main task of this document is to prove the fact that the decision made earlier by all the courts was wrong. For example, the prosecutor, investigator or other participants in the court process misunderstood the essence of the case. Proof of this fact must be based on legal documents.
Terms and regulations for filing a cassation appeal
First of all, a logical question arises: to whom and where to file a cassation appeal. Previously, similar documents were accepted by the court, which issued a corresponding decision, which the accused is trying to appeal. Currently, a cassation appeal in a criminal case is submitted directly to the cassation instance.
Let’s move on to the question of terms. The deadline for submitting a complaint in the cassation procedure is 3 months. The reference point for this period is the date of the announcement of the relevant decision by the appeals court. If the accused is in custody, the term is calculated from the date when a copy of the relevant decision was received.
During the period of time set aside for appealing the decision in the cassation procedure, the case materials are in the court that issued the relevant decision (exception – the court of cassation instance).
At the same time, the subjects who filed the complaint can familiarize themselves with the materials of the relevant case in more detail. Thanks to a deeper study of the circumstances, a conclusion can be drawn: whether or not to file an appeal.
Assistance of professional lawyers in filing a cassation appeal in a criminal case
As mentioned above, only a professional lawyer can file a cassation appeal in a criminal case. Today, qualified legal assistance is a necessity for every person. Filing a complaint in criminal cases is a serious enough action. They require special skills and knowledge. Prykhodko and Partners lawyers have the necessary theoretical and practical training to protect your interests.
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