After the closure of the criminal case, a sentence is issued. Not everyone agrees with the decision, therefore, in legal practice, there is a right of appeal. This process has its own nuances and stages. Thanks to the appeal, there is the possibility of reviewing the criminal case, as well as changing the court decision. The principles of this procedure are contained in Art. 123 Code of Criminal Procedure. This norm is valid to protect the interests of citizens.
Main principles
Art. 123 of the Code of Criminal Procedure of the Russian Federation includes important principles of appeal. Citizens have the right to review cases if, as they consider, their interests are violated. An appeal may be carried out according to the approved decision of the prosecutor, court, investigator.
Criminal proceedings are conducted within the time limits established by law. If they are violated, then the participants in the process, as well as persons whose rights are affected, have the right to appeal to the prosecutor with a complaint. It is considered in terms approved by Art. 124.
Comment content
Art. 123 of the Code of Criminal Procedure of the Russian Federation includes amendments to understand the principles of appeal. This right has participants in the process, as well as persons whose rights have been infringed. The procedure involves clarifying the actions or omissions of the investigator, prosecutor, court. The complaint is submitted to the official who conducts the case. A filed claim does not stop the decision, unless another option has been taken. The complaint is submitted in writing or orally. Its submission can be recorded in the registration book. An oral statement is recorded in the minutes.
The decision on the complaint is motivated and used for the criminal case. There are no other formal complaints requirements. If it is not clearly formulated, then this is not a reason for refusing to accept it. When applying, additional information may be provided, which will be taken into account during the decision.
Appeal
According to Art. 123 of the Code of Criminal Procedure, everyone has the right to appeal the verdict. Upon appeal, the decision of the trial court, which has not yet become legal, is appealed. A participant is entitled to submit an application.
The appeal is submitted to a higher court within 10 days from the date of the decision. It is necessary to comply with the requirements for it. The application is considered within 15-45 days.
Cassation appeal
Another method of reviewing a decision is an appeal in cassation. Rules of the procedure are fixed in law. From the appeal, this type of appeal is distinguished by the following:
- considering a decision that has already begun to act;
- no set appeal periods;
- the application can be filed directly with the court;
- applications are certified copies of decisions;
- consideration occurs within 1-2 months.
If the application is accepted, a meeting is scheduled. Participants are notified about this no later than 14 days before the start.
Appeal to the Supreme Court
The final stage of the appeal is the consideration of the case by the Supreme Court of the Russian Federation. The procedure is similar to the previous step:
- the sentence has entered into force;
- deadlines for submitting an application are not set;
- court decisions are attached to the complaint.
The meeting is attended by the applicant, his counsel, representative. Other citizens may be present whose rights are affected in the process. First, the theme of the event is announced. The judge shall notify those present about their rights and obligations. In the process, the speeches appearing in court are heard. After considering all the arguments, a final decision is made. The adoption of the document is carried out on the basis of the statements made by the participants at the meeting. The verdict is considered legal and reasonable. It must be fair, that is, not infringe on anyone's rights.This document is the main one under consideration.
