According to the Constitution of Ukraine, every citizen has the right to appeal the decisions of courts of first instance. Additionally, this right is specified in the Civil Procedure Code. It defines the procedure for filing an appeal. If you need to file an appeal against a court decision in a criminal case, lawyers Prykhodko and Partners will help you with this.
Possibilities of appeal
An appeal in a civil process has exhaustive possibilities. With the help of a properly prepared complaint, you can:
- Partially cancel the court decision.
- Completely annul the decision of the court of first instance.
- Complete or partially close the criminal proceedings.
- Completely or partially leave the claim without consideration.
- Cancel the court decision to continue further consideration of the case.
- Cancel the court decision and send the case for revision.
Who has the right to file an appeal?
Participants in the trial, as well as persons whose rights are violated by the rendered decision, may appeal the decision of the court of first instance. Among these persons:
- The accused, in respect of whom a guilty verdict was passed.
- The accused, in respect of whom the verdict of acquittal was passed.
- Accused, suspect, his legal representative, defense attorney.
- Civil plaintiff.
- Victim, legal representative of the victim.
Deadlines for filing an appeal against a court decision in a criminal case
According to current Ukrainian legislation, the following deadlines are set aside for filing appeals:
- For decisions of the investigating judge – 5 days.
- For all other decisions of the court of first instance – 7 days.
- For decisions or judgments concerning compulsory medical/educational measures – 30 days.
If a person is in custody, the term for filing an appeal starts from the moment he was served with a copy of the court decision. If the decision of the investigating judge or the court was issued without a summons by the person who wishes to appeal it, the term of the appeal is calculated from the day he receives a copy of the court decision (Article 382 of the Criminal Procedure Code).
Important: no one can withdraw the case materials from the court during the appeal period of the criminal proceedings. During this period, the court is obliged to provide all participants in the criminal proceedings with the opportunity to familiarize themselves with its materials.
Assistance of professional lawyers in drafting an appeal against a court decision in a criminal case
Do you need legal assistance in drafting an appeal against a court decision in a criminal case? Contact the lawyers of our law firm Prykhodko and Partners. We provide:
- Preparation and submission of an appeal.
- Analysis of the case for the presence of procedural errors.
- Prospective analysis of a criminal case.
Our lawyers will do everything necessary to obtain the desired result for our clients. To calculate the cost of filing an appeal against a court decision in a criminal case, fill out the form below. We are waiting for consultations!