In case of disagreement with the court decision , one of the parties always has the opportunity to file a protest to annul the decision of the court of first instance. A sample of the appeal in a criminal case we will consider in the article.
What is an appeal?
One of the important principles of the work of the court as such is justice. The verdict of the court must be reasonable and fair. All the moments connected with the situation under consideration in the case, the judge must thoroughly study, compare and put together all the facts. Only after all this is it logical to pronounce a sentence.
There will always be a losing party in a lawsuit. If a person actually committed a crime, then the judge’s decision is fair. But sometimes judicial errors occur, there may also be “purchased” cases with the aim of “imprisoning” the innocent. The convict in such cases will fight to the end. A chance to restore justice is an appeal.
How to file a lawsuit?
The appeal is filed with a higher court. How to proceed to file a complaint on time? Immediately after the verdict is passed, the lawyer who participated in the process, or the new lawyer who did not work in the particular case, draw up the complaint text. To increase the chances of satisfying a complaint, the text should describe as much as possible all the important events in the case and indicate the articles of the Criminal Code of the Russian Federation that have been violated or not taken into account when making the first decision.
After compiling the text of the complaint, the client or his representative pays the bank for the costs of the consideration of the case and the state fee at the bank details . The complaint and all applications are submitted in duplicate. Receipts of payment of fees are attached.
Appeal form
This document has a specific, legally approved form. The court accepts the complaint for consideration only if the complaint form has been complied with. So, according to Article 389.6 (paragraph 1) of the Code of Criminal Procedure, the structure of the complaint consists of the following elements:
- The name of the authority where the complaint is sent (for example, “To the Basmanny District Court of Moscow”);
- information about the citizen who filed a protest with the court; it is also important to indicate the degree of his participation in the trial (for example, Ivanov Ivan Ivanovich - the convicted person, the victim, the lawyer of the convicted person, etc.);
- data on the decision that is disputed must be indicated (name of the court that issued the decision; date of sentencing);
- the justification of the appeal is indicated (specific facts confirming the guilt or innocence of the person; we will consider the sample of the appeal in the criminal case separately);
- the list of additional documents that are attached to the complaint is stipulated (it can be photocopies of any documents, expert opinions, petitions, characteristics, etc.);
- the person who filed the complaint must affix his signature; without it, the document will not have legal force.
Dates for the preparation and registration of a protest document
An appeal against a court verdict, in accordance with Article 389.4 of the Code of Criminal Procedure, shall be delivered within the established standard time limit for filing. The fact is that in general legal practice, regardless of the type of case (civil, criminal, administrative, labor dispute), a 10-day period is set for appealing a court decision. It is important to consider that 10 days are considered taking into account days off. Suppose a court verdict was passed on August 3. An appeal against this verdict is possible only through August 13 inclusive. That is, the appeal is filed within the time strictly specified by law.
It is possible to extend the time period for appealing against a court decision. To do this, it is necessary to prove that there is a good reason why they could not deliver the complaint on time. For example, a person was in a hospital or was on a business trip. Of course, it is advisable to attach documentary evidence to the application for an extension of the appeal period.
Complaint example
To the district court
Moscow city (name of the judicial
institutions)
F. I.O. and procedural status in the case
(accused, convicted, detained, defender of the accused or convicted, relative)
address: (it is necessary to indicate the postal address with the exact index of the place of residence of the citizen who files the complaint)
phone number : ....... (if necessary, they will contact him by phone)
Appeal
final judgment in a criminal case
The verdict of the Basmanny court of the city of Moscow dated "___" _________ 2015 F.I.O. was found (found) guilty (guilty) of an offense (s) under article (s) ____-____ of the Criminal Code of the Russian Federation. For committing crimes under the Article ____ The Criminal Code of the Russian Federation F.I.O.
(Further, the text of the complaint indicates the justification for the court decision in which the case was examined)
I disagree (disagree) with the specified sentence for the following reasons: (the reasons are indicated that can prove the innocence of the convicted person.
(The facts should be stated as detailed as possible)
According to articles 389.1, 389.6 of the Code of Criminal Procedure
ASK:
- Attach the following materials to the appeal:
- .....
-.....
-.....
(these are documents that confirm the innocence of the person)
2. Invite to a court session and organize an interrogation as witnesses of such persons (specialists, acquaintances): (indicate F.I.O., address of residence)
3. Based on the results of the consideration of the appeal, the sentence of the Basmanny District Court of the city of Moscow is canceled (changed). The court must indicate one of the possible court decisions in accordance with Article 389 of the Code of Criminal Procedure.
Applications:
1......
2 ......
3 .....
Date Signature
Above, we provided a sample of a criminal complaint. As you see, the main thing for writing it is to clearly know the main articles of the Criminal Code of the Russian Federation that appear in the original court decision. Of course, it is important to observe the above structure and application form, because if the regulatory requirements are not complied with, the application may not be accepted for consideration in court.
What to do if you do not have time to file a complaint on time?
We have already reviewed a sample appeal in a criminal case. Now it’s important to figure out what to do in case of missing the deadline set for registration and registration of the complaint. There is an exit! According to the Civil Code, you can apply for an extension of the appeal period. As already mentioned, a valid reason must be provided. Consider an example of such a statement.
Sample Application
Statement
on the extension of the appeal period for
court decision.
In ____________ district court (the name of the court is indicated)
from F. I.O. (the data of the citizen who files the claim are indicated).
I filed an appeal for the verdict _________ of the court in the case of _________ (the date of the decision is indicated, the court that made the decision).
In accordance with Art. 389.4 of the Code of Criminal Procedure of the Russian Federation, the possibility of the annulment of a sentence exists only when the claim is filed within the time allotted by law.
According to the rules of Art. 389.5. Those who missed the deadline for appeal may be given extra time to file a claim for court decisions in accordance with federal law when the court recognizes the validity of the reasons for missing the deadline.
I believe that I missed the statutory appeal period for a good reason (I must describe the reason for missing).
Based on the above information and in accordance with Article 389.5 Code of Criminal Procedure
ASK:
1. Extend the period for filing a complaint against a court verdict.
List of applications
1. Statements (duplicate).
2. Documents indicating the reason for missing the deadline.
Date "_____" __________ 2015 Signature
This is a sample application. For success in consideration, it is necessary to indicate the reason as detailed as possible.
Conclusion
The process of appealing against an act of a court of any instance is a traditional phenomenon in legal practice. The right to protest against an unmotivated court decision belongs to all participants in the trial. The convict and his lawyer, relatives of the convict can appeal the verdict, which they consider to be unjust. On the other hand, prosecutors often disagree with court sentences. They, too, like state prosecutors, can file complaints.
We looked at how to file an appeal against a court decision. We hope the information will be helpful.