Not in all cases, the participants in the process are satisfied with the court decision. It is for this reason that the latter is given the deadline for appealing the verdict in a criminal case - it is ten days from the date of its announcement. Both the convicted person and the victim can exercise this right. Most often, both sides of the process turn to professional advocates for help. At the same time, the public prosecutor may file a disagreement with the verdict or other court decision.
A little about the main thing
After the verdict is read out in the courtroom, the convict has the right to appeal. This is done when the latter does not agree with the decision of the judicial authority. The victim and his representative are endowed with the same right.
In this case, it must be remembered that the time period for appealing a sentence in a criminal case is only ten days. Its calculation starts from the next day after the entry into force of this procedural act. This is the order.
The convict, who is kept in the pre-trial detention center, will be able to appeal the decision of justice only after he is handed a copy of the sentence - the time begins to be counted from the moment of delivery.
Main
So, in order to cancel the sentence, the participants in the process must necessarily appeal to a higher authority. When compiling this document, certain difficulties often arise. Therefore, most often convicts and victims turn to lawyers for help, who can correctly, correctly and on time file and submit a complaint to the justice authority.
But what is this document? Are there any specific rules for compiling it?
The appeal is an official document that expresses the disagreement of the participants in the process with the verdict. She must be sent to a higher authority through the court that made the decision. As already mentioned earlier, this must be done no later than ten days from the date of sentencing.
When compiling a complaint, it is necessary to use only the official style and indicate only those circumstances of the case that prevent the verdict from taking effect.
Required or not
The parties to the criminal process must independently decide whether they will appeal the verdict (or another decision of the judicial authority) or agree with the one that has already been passed. This confirms the norm of Art. 389.4 of the Code of Criminal Procedure: if the sentence suits all participants in the process, then they may not appeal it.
But not all victims agree with the decision. Many of them believe that the sentence is too lenient and begin to appeal it. Ultimately, such actions of the victims do not give positive results.
Convicts who pleaded guilty to atrocities and received a minimum term, as a rule, do not try to do anything. After all, they have already received the punishment.
By the way, the latter know that the time limit for appealing a sentence in a criminal case is 10 days. If the convicted person is in custody, then this period is counted from the moment when he received a court decision.
Submission for Sentence
The submission is brought by the public prosecutor who participated in the hearing. The latter does this for the reason that he considers the decision to be unlawful and unreasonable. In practice, this happens very often. This mainly concerns those cases when all evidence was gathered in the case confirming the defendant’s guilt in the deed, but the court decided to acquit him.
What is important to know
An appeal can only be filed against a court verdict that has not entered into force, because this rule is enshrined in applicable law. Only a cassation appeal can be made against a sentence that has entered into force.
Term
A complaint against a court verdict in a criminal case shall be filed no later than ten days from the moment when the specified procedural act was proclaimed. This rule is enshrined in law.
In the situation when the convict is on his own recognizance, a copy of the sentence is handed to him immediately after the meeting. If the latter is in the pre-trial detention center, then he can send a complaint to a higher authority after receiving this procedural document.
The time period for appealing a sentence in a criminal case begins from zero hours of the next day after its announcement.
Order
So, many citizens who find themselves in the dock or among the victims are interested in the question of how to appeal a sentence before its entry into force. Where to write?
The procedure for appealing a sentence in a criminal case in this case will be as follows:
- the first thing a convicted person or a victim needs to do is draw up an appeal (over time, there is no need to delay it); best if everything is done by a competent lawyer with whom an agreement has been concluded;
- a completed procedural document must be addressed to a higher court, but it is transmitted through the judicial authority that sentenced the convicted person;
- it is important to do everything within ten days, because after this time no one will accept the complaint;
- after the document is sent to a higher authority, a notice will be sent from the court to the participant in the process who filed the appeal;
- Further it will be necessary to prepare well for the new process.
If the higher court considers that the verdict is reasonable, then it will leave it unchanged. In the presence of new circumstances (for example, a convicted pregnancy), the sentence may be reduced. The decision in the case, which was considered in a higher court, shall enter into force immediately. The participants in the process are given one year to appeal it.
On practice
Most often, the conviction in a criminal case, issued by the court of first instance, the convicts try to appeal, because many of them do not agree with the decision, because we are talking about the fate of a person who may not even be guilty of a criminal offense.
As many lawyers have noted, currently, acquittals are almost never passed. In addition, even a complaint filed with a higher court demanding the cancellation of a decision does not always bring results.
Therefore, if a sentence is pronounced in a criminal case that fully justifies the person and allows him to recover in all rights, this means that the latter is just lucky and he is really not guilty of what he did.
Nuance
In the time period available for appealing against the decision, the criminal case cannot be recalled from the court. It cannot be transferred even to the prosecutor — such is the order. A lawyer and a convicted person, a victim, or his defense lawyer can make any extracts from a criminal case, but this should only happen at the court.
Conclusion
Here, I would like to once again note that the period during which it is possible to appeal the decision of a judicial authority to a higher court is only ten days.As a rule, defenders acting in the interests of the convicted person try not to waste time and prepare documents as quickly as possible.
The person himself, who was convicted of the crime, can not always correctly express his thoughts when writing a complaint. For this reason, most appeals are dismissed. Legal costs in this case are to be paid to the convicted person.
In addition, a person who is under investigation should always remember that no one is interested in being acquitted. Therefore, all the difficult work of proving the innocence of the defendant always lies with his lawyer. If the latter is a competent and qualified lawyer, then he will fight to the end for the adoption of an acquittal against his principal. But the situations are different ...
Sometimes it happens that the convicted person does not appeal the verdict, but agrees with him. After all, this is his right. This happens only when a person fully admits his guilt, wants to faster serve the sentence imposed by the court and continue to live on.
After the verdict comes into force, it can be appealed on appeal. There are difficulties here. After all, the cassation court accepts for consideration only those supervisory complaints, which indicate the inconsistency of the sentence with the norms of the current procedural law.