Cassation appeal in a criminal case. Cassation appeal in a criminal case
A cassation appeal is last chance to cancel the entered into legal force sentence. The chance is very small, which, currently, can only be used once, since new and repeated appeals with cassation complaints are not allowed (Article 401.17 of the Code of Criminal Procedure of the Russian Federation). Appeal is fundamentally different from the appeal, so you should not at all trust those lawyers who only change the title from “appeal” to “cassation” and try to present to the court the same ones that were presented to the court of second instance.
For comparison, in the first half of 2016, the Moscow City Court received 3,281 cassation appeals, for which 682 criminal cases were requested, only 271 criminal cases were transferred for consideration, in other cases the transfer of the case for cassation consideration was refused. Thus, less than 7% of convictions that have entered into legal force are subject to review. However, not all of them will be canceled or changed. Therefore, it is very important to avoid mistakes and draw up a cassation appeal, so that there is a chance to have the verdict overturned.
In the future, we will give several examples from practice when sentences are overturned on appeal. In the meantime, let's talk about how to correctly draw up a cassation appeal and what mistakes it is important to avoid.
Peculiarities cassation appeal sentence in a criminal case.
The complaint is sent directly to the court cassation instance, bypassing the court that passed the verdict, only the verdict and the appeal ruling (necessarily bound and certified by the official seal of the court) are attached to the complaint, in in some cases- additional documents. If you appeal to the Supreme Court of the Russian Federation, you will also need to attach the refusal of the judge of the lower court.
Initially, your complaint will be examined by one judge, without seeing the materials of the criminal case.
In order to successfully appeal a sentence that has entered into legal force, you need to understand and remember that the main part of the defense arguments has already been the subject of research by the court of first instance, examined by the prosecutor, and then studied by three judges of the second instance and a new prosecutor. At the same time, in the cassation court it is forbidden to challenge the factual circumstances of the case; as soon as you indicate in the cassation appeal that “the court did not give an assessment”, or “the court did not take into account” and “did not take into account the factual circumstances of the case”, your complaint will go to the trash cart.
What is the difference between cassation and appeal?
Cassation proceedings, cassation (Latin cassatio - “cancellation, destruction”) is a procedural activity in law, expressed in the verification by higher courts of the legality and validity of court decisions that have entered into legal force.
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 2 (as amended on March 3, 2015) “On the application of the norms of Chapter 47.1 of the Criminal Procedure Code Russian Federation regulating proceedings in the court of cassation" ... the range of grounds for canceling or changing a court decision in cassation due to a significant violation of the criminal law (its incorrect application) and (or) a significant violation of the criminal procedural law, in contrast to proceedings in the appellate instance, is limited only to such violations that influenced the outcome of the criminal case, that is, the correctness of its resolution on the merits, in particular the conclusion of guilt, the legal assessment of the offense, the imposition of punishment by the court or the application of other measures of a criminal legal nature, and the decision in a civil lawsuit.
By virtue of Article 401.1 of the Code of Criminal Procedure of the Russian Federation, when considering a cassation appeal or presentation, the court (judge) of the cassation instance checks only the legality of court decisions, that is, the correct application of criminal norms and norms of criminal procedural law (questions of law).
A verdict in the cassation court can be overturned only if two components are present: 1. It is necessary to identify and provide the court with information about the presence of significant (fundamental) violations of procedural law in your criminal case; 2 It is necessary to prove that the violations influenced the outcome of the case.
What should a cassation appeal contain in order for the judge to transfer the complaint to the cassation court for consideration?
To get a chance to review a sentence in a cassation court, you need to interest the judge in the presence of significant procedural violations(here it is better to proceed from the established judicial practice of cassation courts), formulating your arguments in the cassation appeal in such a way that the judge would not have the opportunity to answer them without requesting the case materials. The presence of such arguments (best of all, indicating specific sheets, a specific volume of the criminal case) in combination with the request for materials from the criminal case, significantly increases your chances of success. If the case is claimed by 40%, it will be referred to the court of cassation.
What can be classified as significant violations that allow one to expect the sentence to be overturned?
In general, the list of significant violations is established by Art. 389.17 of the Code of Criminal Procedure of the Russian Federation, but such violations include only those violations that, by depriving or limiting the rights of participants in criminal proceedings guaranteed by the Code of Criminal Procedure of the Russian Federation, non-compliance with the legal procedure, or in any other way, influenced or could influence the adoption of a lawful and justified judicial decision.
2. Significant violations that are grounds for canceling or changing a court decision in any case include:
1) failure to terminate a criminal case by the court if there are grounds provided for in Article 254 of this Code;
2) a court rendering a decision by an illegal composition of the court or a verdict by an illegal composition of a jury;
3) consideration of a criminal case in the absence of the defendant, with the exception of cases provided for in parts four and five of Article 247 of this Code;
4) consideration of a criminal case without the participation of a defense attorney, if his participation is mandatory in accordance with this Code, or in other violation of the right of the accused to benefit from the assistance of a defense attorney;
5) violation of the defendant’s right to testify in his native language or a language he speaks and to use the assistance of an interpreter;
6) failure to provide the defendant with the right to participate in the debate between the parties;
7) failure to give the defendant the last word;
8) violation of the secrecy of the jury meeting when rendering a verdict or the secrecy of the judges’ meeting when rendering a sentence;
9) substantiation of the verdict by evidence declared inadmissible by the court;
10) absence of signature of the judge or one of the judges, if the criminal case was considered by the court collectively, on the corresponding court decision;
11) lack of minutes of the court hearing.
Otherwise, you have to convince the court of the significance of this particular violation in your case.
At the same time, for cassation it is important to prove that the violation influenced at least one of four significant circumstances:
Conclusion of guilt
For a legal assessment of what was done,
The imposition of punishment by the court or the application of other measures of a criminal legal nature,
For a decision in a civil suit.
Without indicating such a significant circumstance, just like when indicating a minor violation of the Code of Criminal Procedure of the Russian Federation, the sentence will not be canceled.
Remember the primacy of the principle of legal stability and certainty, taking into account which a sentence that has entered into legal force is not subject to revision, even if there is evidence of obvious violations. There is no reason to overturn the sentence if the violations in accordance with the Code of Criminal Procedure of the Russian Federation are not considered significant. But even in the presence of significant violations, if they did not affect the very essence of justice, did not influence the conclusion of guilt, legal assessment or sentencing, the sentence that has entered into legal force cannot be canceled.
This concludes Part No. 1 of the article “How to correctly draw up and submit a cassation appeal in a criminal case.” In the future, Part No. 2 will be posted, which will outline the practice of cassation courts, and also discuss the following topics:
- How the institution of cassation appeal developed in Russia.
What cassation appeal procedure will be in effect in 2017 and what changes await us in the future.
- Deadlines for filing a cassation appeal.
- Identification of violations that make it possible to effectively appeal a verdict that has entered into legal force.
- Cassation appeal and appeal to the European Court.
- Lawyer for cassation appeal of the verdict.
In the meantime, at the end of the First Part, we present the contents of Chapter 47.1 of the Code of Criminal Procedure of the Russian Federation “Proceedings in the court of cassation” and Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 2 “On the application of the norms of Chapter 47.1 of the Criminal Procedure Code of the Russian Federation governing proceedings in court cassation instance" (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 3, 2015 N 9)
Chapter 47.1 of the Code of Criminal Procedure of the Russian Federation.
Article 401.1. Code of Criminal Procedure of the Russian Federation. Subject of cassation proceedings
The cassation court verifies, based on a cassation appeal or presentation, the legality of a sentence, ruling or court decision that has entered into legal force.
Section 401.2. Code of Criminal Procedure of the Russian Federation. The right to appeal to the cassation court
1. A court decision that has entered into legal force may be appealed in the manner established by this chapter to the court of cassation by the convicted, acquitted, their defenders and legal representatives, the victim, the private prosecutor, their legal representatives and representatives, as well as other persons in that regard , in which the appealed court decision affects their rights and legitimate interests. A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.
2. The following may apply for a review of a court decision that has entered into legal force:
1) the Prosecutor General of the Russian Federation and his deputies - to any court of cassation;
2) the prosecutor of the constituent entity of the Russian Federation, the military prosecutor equivalent to him and their deputies - respectively, to the presidium supreme court republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court.
3. Lost power. — Federal Law of December 31, 2014 N 518-FZ.
Section 401.3. Code of Criminal Procedure of the Russian Federation. The procedure for filing a cassation appeal, presentation
1. Cassation appeals or presentations are filed directly with the cassation court, which is authorized, in accordance with part two of this article, to review the appealed court decision.
2. Cassation appeals and presentations are submitted to:
1) sentence and ruling of a magistrate, sentence, ruling and ruling of a district court, appeal rulings and rulings, as well as interim court decisions the supreme court of the republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, issued by them in the course of criminal proceedings as a court of first instance - respectively, to the presidium of the supreme court of a republic, a regional or regional court, a court cities of federal significance, courts of an autonomous region, courts of an autonomous district;
2) court decisions specified in paragraph 1 of this part, if they were appealed in cassation to the presidium of the supreme court of the republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district; a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, if these court decisions were not the subject of consideration by the Supreme Court of the Russian Federation in appeal procedure; decisions of the presidium of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district - to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation;
(edited) Federal Law dated December 28, 2013 N 382-FZ)
3) the verdict, ruling and ruling of the garrison military court, appeal decisions and rulings of the district (naval) military court - to the presidium of the district (naval) military court;
(as amended by Federal Law dated July 23, 2013 N 217-FZ)
4) interim judicial decisions of the district (naval) military court, rendered by it during criminal proceedings as a court of first instance - to the presidium of the district (naval) military court;
5) court decisions specified in paragraph 3 of this part, if they were appealed in cassation to the presidium of the district (naval) military court; a verdict or other final judicial decision of a district (naval) military court, if they were not the subject of consideration by the Supreme Court of the Russian Federation on appeal; decisions of the presidium of the district (naval) military court - to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.
(Clause 5 as amended by Federal Law dated March 12, 2014 N 29-FZ)
Section 401.4. Code of Criminal Procedure of the Russian Federation. Contents of the cassation appeal, presentation
1. A cassation appeal or presentation must contain:
1) the name of the court to which they are filed;
2) information about the person who filed the complaint, presentation, indicating his place of residence or location, procedural status;
3) an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;
5) an indication of those admitted by the courts significant violations norms of criminal or criminal procedural law that influenced the outcome of the case, with arguments indicating such violations;
6) request of the person filing the complaint, presentation.
2. The cassation appeal of a person who did not take part in the case must indicate what rights or legitimate interests of this person were violated by the court decision that entered into legal force.
3. If a cassation complaint or presentation was previously filed with a cassation court, it must indicate the decision taken on such complaint or presentation.
4. The cassation appeal must be signed by the person who filed it. The complaint filed by the defense attorney is accompanied by a warrant or other document certifying his authority. The submission must be signed by the prosecutor specified in part two of Article 401.2 of this Code.
5. Copies of court decisions adopted in this criminal case, certified by the relevant court, are attached to the cassation appeal or presentation. IN necessary cases Attached are copies of other documents confirming, in the applicant’s opinion, the arguments set out in the cassation appeal or presentation.
Section 401.5. Code of Criminal Procedure of the Russian Federation. Return of cassation appeals, submissions without consideration
1. A cassation appeal or presentation is returned without consideration if:
1) the cassation appeal or presentation does not meet the requirements provided for in Article 401.4 of this Code;
2) a cassation appeal or presentation was filed by a person who does not have the right to appeal to a cassation court;
3) the deadline for appealing a court decision in cassation has been missed;
4) a request has been received to withdraw the cassation appeal or presentation;
5) a cassation appeal or presentation was filed in violation of the rules of jurisdiction established by Article 401.3 of this Code.
2. A cassation appeal or presentation must be returned within 10 days from the date of its receipt by the cassation court.
Section 401.6. Code of Criminal Procedure of the Russian Federation. A turn for the worse when reviewing a sentence, ruling, or court decision in the cassation instance
A cassation review of a sentence, ruling, or court decision on grounds that entail a worsening of the situation of a convicted person, an acquitted person, or a person in respect of whom the criminal case has been terminated is allowed within a period not exceeding one year from the date of their entry into legal force, if during the trial there were violations of the law that influenced the outcome of the case, distorting the very essence of justice and the meaning of the court decision as an act of justice, or if data was revealed indicating a person’s non-compliance with the conditions and his failure to fulfill the obligations stipulated by the pre-trial cooperation agreement.
Article 401.7 of the Code of Criminal Procedure of the Russian Federation. Actions of the cassation court upon receipt of a cassation appeal or presentation
Cassation appeals and presentations filed in accordance with the rules established by Articles 401.2 - 401.4 of this Code are studied:
1) in the presidium of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court - by a judge of the corresponding court;
2) in the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation - a judge of the Supreme Court of the Russian Federation.
(clause 2 as amended by Federal Law dated March 12, 2014 N 29-FZ)
Article 401.8 of the Code of Criminal Procedure of the Russian Federation. Consideration of cassation appeals, presentations
1. The judges specified in Article 401.7 of this Code examine the cassation appeal, presentation based on the documents attached to them, or on the materials of the criminal case requested by the judge.
2. Based on the results of studying the cassation appeal or presentation, the judge makes a decision:
1) on the refusal to transfer a cassation appeal or presentation for consideration in court hearing court of cassation, if there are no grounds for reviewing court decisions in cassation. In this case, the cassation appeal, presentation and copies of the appealed court decisions remain in the cassation court;
2) on the transfer of a cassation appeal, presentation with a criminal case for consideration in a court session of the cassation court.
Advertisement with a criminal case for consideration in a court session of the relevant cassation court.
Article 401.9 of the Code of Criminal Procedure of the Russian Federation. Time limits for consideration of cassation appeals and presentations
1. In a court of cassation, with the exception of the Supreme Court of the Russian Federation, a cassation appeal or presentation is considered within a period not exceeding one month from the date of their receipt, if the criminal case has not been requested, or within a period not exceeding two months from the date of their receipt , if the case was demanded, with the exception of the period from the day the case was demanded until the day it was received by the cassation court.
2. In the Supreme Court of the Russian Federation, a cassation appeal or presentation is considered within a period not exceeding two months from the date of their receipt, if the criminal case was not requested, or within a period not exceeding three months from the date of their receipt, if the case was requested, for with the exception of the period from the day the case was requested until the day it was received by the Supreme Court of the Russian Federation.
Article 401.10 of the Code of Criminal Procedure of the Russian Federation. Judge's decision to refuse to transfer a cassation appeal or presentation for consideration at a court hearing by the cassation court
The judge's decision to refuse to transfer a cassation appeal or presentation for consideration at a court hearing by a cassation court must contain:
3) information about the person who filed the cassation appeal or presentation;
4) an indication of the court decisions that are being appealed;
5) the reasons for refusing to transfer a cassation appeal or presentation for consideration at a court hearing by a cassation court.
Article 401.11 of the Code of Criminal Procedure of the Russian Federation. Judge's decision to transfer a cassation appeal, presentation with a criminal case for consideration in a court session of the cassation court
1. The judge’s decision on the transfer of a cassation appeal, presentation with a criminal case for consideration in a court session of the cassation court must contain:
1) the date and place of the decision;
2) the surname and initials of the judge who made the decision;
3) the name of the cassation court to which the criminal case is transferred for consideration;
4) information about the person who filed the cassation appeal or presentation;
5) an indication of the court decisions that are being appealed;
6) reasons for transferring a cassation appeal, presentation with a criminal case for consideration in a court session of the cassation court.
2. The judge, together with the decision he makes, sends the cassation appeal, presentation with the criminal case to the cassation court.
Article 401.12 of the Code of Criminal Procedure of the Russian Federation. Notification of persons participating in the case about the transfer of cassation appeals, presentations with a criminal case for consideration in a court session of the cassation court
1. The cassation court sends to persons whose interests are affected by the complaint or presentation, copies of the resolution on the transfer of the cassation complaint, presentation with the criminal case for consideration in the court session of the cassation court and copies of the cassation complaint, presentation.
2. The persons specified in part one of this article must be notified of the date, time and place of consideration of the criminal case on a cassation appeal or presentation no later than 14 days before the court hearing. No-show specified persons in a court session of the court of cassation does not interfere with the consideration of a criminal case based on a cassation appeal or presentation.
Article 401.13 of the Code of Criminal Procedure of the Russian Federation. Time limits and procedure for consideration of a criminal case on a cassation appeal, presentation at a court hearing by a cassation court
1. A criminal case based on a cassation appeal or presentation is considered in a court session of a court of cassation, with the exception of the Supreme Court of the Russian Federation, within one month, and in a court session of the Supreme Court of the Russian Federation - within two months from the date the judge makes the decision provided for in this article 401.11 of this Code.
2. At a court hearing when considering a criminal case on a cassation appeal or presentation, the participation of the prosecutor is mandatory. Other persons specified in part one of Article 401.2 of this Code also take part in the court hearing, provided they submit a petition to this effect. These persons are given the opportunity to familiarize themselves with the cassation complaint, presentation and the decision to transfer the complaint, presentation for consideration by the cassation court. A person in custody or a convicted person serving a sentence of imprisonment has the right to participate in a court hearing directly or through the use of video conferencing systems, provided they submit a request for this. Such a petition can be filed by a person in custody or a convicted person serving a sentence of imprisonment in a cassation appeal or within 3 days from the date they receive notification of the date, time and place of the cassation court hearing, if the criminal case has been transferred to the cassation court based on the cassation presentation of the prosecutor or the cassation appeal of another person. The question of the form of participation in a court hearing by a person in custody or a convicted person serving a sentence of imprisonment is decided by the court.
3. The judge who issued a decision on the transfer of a cassation appeal or presentation with a criminal case for consideration in a court session of a cassation court does not have the right to participate in the consideration of this criminal case.
4. The presiding officer, in accordance with the requirements of part two of Article 389.13 of this Code, opens the court session and finds out whether the participants in the trial have challenges and petitions.
5. After the resolution of challenges and petitions, the criminal case is reported by one of the judges who has not previously participated in the consideration of this criminal case.
6. The rapporteur sets out the circumstances of the criminal case, the content of court decisions adopted in the case, the arguments of the cassation appeal, the submissions that served as the basis for the transfer of the cassation appeal, submissions with the criminal case for consideration in the court hearing of the cassation court. The speaker may be asked questions by the judges.
7. If the persons specified in part two of this article appear at the court hearing, they have the right to speak on the case. The first to speak is the person who filed the cassation complaint or presentation.
8. After hearing the parties, the court retires to the deliberation room to make a ruling, a ruling, which the presiding officer announces to those present in the courtroom.
9. When considering a criminal case in cassation, all issues are resolved by a majority vote of the judges. The presiding officer votes last. The first proposal to be put to a vote is the one most favorable to the acquitted, convicted, or person against whom the criminal case has been terminated. If there is an equal number of votes, the cassation appeal or presentation is considered rejected.
10. The secretary of the court session of the court of cassation shall keep minutes in accordance with Article 259 of this Code. The parties may bring comments on the contents of the protocol, which are considered by the presiding officer in the manner established by Article 260 of this Code.
11. Cassation rulings and resolutions are issued and applied for execution in the manner prescribed by Article 389.33 of this Code.
Article 401.14 of the Code of Criminal Procedure of the Russian Federation. The decision of the cassation court
1. As a result of consideration of a criminal case, the cassation court has the right to:
1) leave the cassation complaint or presentation without satisfaction;
2) cancel the verdict, ruling or ruling of the court and all subsequent court decisions and terminate the proceedings in this criminal case;
3) cancel the verdict, ruling or ruling of the court and all subsequent court decisions and transfer the criminal case for a new trial or return the case to the prosecutor;
4) cancel the verdict of the appellate court and transfer the criminal case for a new appeal hearing;
5) cancel the decision of the cassation court and transfer the criminal case for a new cassation hearing;
6) make changes to the sentence, ruling or ruling of the court.
2. In the cases provided for in paragraphs 2 - 6 of part one of this article, the cassation court must indicate the specific basis for canceling or changing the court decision in accordance with Article 401.15 of this Code.
3. The ruling and ruling of the cassation court must comply with the requirements of parts three and four of Article 389.28 of this Code.
4. The ruling of the cassation court is signed by the entire composition of the court, and the resolution - by the presiding officer at the meeting.
5. The ruling or resolution of the court is attached to the criminal case together with the cassation complaint or presentation that served as the basis for transferring the complaint or presentation for consideration in a court session of the cassation court, by a decision of the judge of the cassation court in whose proceedings the cassation complaint or presentation was in question.
6. If a cassation appeal or presentation was submitted to the cassation court for consideration by a decision of the Chairman of the Supreme Court of the Russian Federation or his deputy, within 10 days from the date of the decision, the cassation court sends a copy of this decision to the Chairman of the Supreme Court of the Russian Federation or his deputy, who by resolution has the right to transfer a cassation appeal or presentation, if they were left unsatisfied or partially satisfied, for consideration to a higher court of cassation or to the Presidium of the Supreme Court of the Russian Federation.
Article 401.15 of the Code of Criminal Procedure of the Russian Federation. Grounds for canceling or changing a court decision when considering a criminal case in cassation
1. The grounds for canceling or changing a sentence, ruling or ruling of the court when considering a criminal case in cassation are significant violations of the criminal and (or) criminal procedural law that influenced the outcome of the case, or the identification of data indicating a person’s failure to comply with the conditions and failure to fulfill his obligations provided for in the pre-trial cooperation agreement.
(as amended by Federal Law dated July 3, 2016 N 322-FZ)
2. Elimination of the circumstances specified in part five of Article 247 of this Code, in the presence of a petition from the convicted person or his defense attorney, is the basis for the reversal of a sentence, ruling or court decision when considering a criminal case in cassation proceedings.
3. The verdict, ruling, court decision and all subsequent court decisions are canceled with the return of the criminal case to the prosecutor if, when considering the criminal case in cassation proceedings, the circumstances specified in part one and paragraph 1 of part one.2 of Article 237 of this Code are revealed.
(as amended by Federal Law dated April 26, 2013 N 64-FZ)
Article 401.16 of the Code of Criminal Procedure of the Russian Federation. Limits of the rights of the cassation court
1. The cassation court is not bound by the arguments of the cassation complaint or presentation and has the right to check the criminal proceedings in full.
2. If several persons have been convicted in a criminal case, and a cassation complaint or presentation has been brought by only one of them or in relation to some of them, the cassation court has the right to check the criminal case in relation to all those convicted.
3. When considering a criminal case, the cassation court may mitigate the punishment imposed on the convicted person or apply the criminal law on a less serious crime.
4. When returning a criminal case for a new trial, the cassation court must indicate to which court the criminal case is being returned.
5. In the event that several persons are convicted or acquitted in a criminal case, the court does not have the right to cancel the sentence, ruling or resolution in relation to those acquitted or convicted in respect of whom a cassation appeal or presentation was not filed, if the cancellation of the sentence, ruling or ruling worsens them position.
6. The instructions of the cassation court are mandatory when re-examining this criminal case by a lower court.
7. In case of cancellation of a court decision, the cassation court does not have the right to:
2) prejudge questions about the provenness or otherwise of the accusation, the reliability or unreliability of this or that evidence and the advantages of some evidence over others;
3) make decisions on the application by the court of first or appellate instance of a particular criminal law and on the measure of punishment;
4) prejudge the conclusions that may be made by the court of first instance or appellate instance when re-examining this criminal case.
Article 401.17 of the Code of Criminal Procedure of the Russian Federation. Inadmissibility of submitting repeated or new cassation complaints or submissions
It is not allowed to submit repeated or new cassation complaints or presentations on the same or other legal grounds, by the same or other persons, to the same cassation court, if previously this complaint or presentation against the same person was considered by this court in a court hearing or were left unsatisfied with the judge's ruling.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 2 “On the application of the norms of Chapter 47.1 of the Criminal Procedure Code of the Russian Federation governing proceedings in the cassation court”
(as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 3, 2015 N 9)
In connection with the questions that arose in the courts when applying the norms of Chapter 47.1 of the Criminal Procedure Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation and Articles 9, 14 of the Federal Constitutional Law of February 7, 2011 N 1-FKZ " About ships general jurisdiction Russian Federation”, decides to give the following clarifications to the courts:
1. Proceedings in the court of cassation, being an important guarantee of the legality of court decisions in criminal cases and the implementation of the constitutional right of citizens to judicial protection, are intended to identify and eliminate significant violations of the criminal law (its incorrect application) committed by the preliminary investigation bodies or the court during the previous trial of the case ) and (or) criminal procedure law that influenced the outcome of the case, and violations that distort the very essence of justice and the meaning of the court decision as an act of justice.
2. Draw the attention of the courts to the fact that, along with the persons specified in Article 401.2 of the Code of Criminal Procedure of the Russian Federation, the accused, the defendant, the person against whom the criminal case has been terminated, the person against whom proceedings have been or are underway have the right to appeal to the cassation court on the application of compulsory measures of a medical nature, a person against whom a compulsory measure of educational influence was applied, and a person against whom a decision was made to extradite him for criminal prosecution or execution of a sentence, their defenders and legal representatives, as well as other persons.
Other persons who have the right to appeal a court decision to the extent that it affects their rights and legitimate interests include persons who are not recognized in the manner prescribed by law as one or another participant in the process, but based on their actual situation, are in need of judicial protection(an applicant who has been refused to initiate a criminal case, a pledgor, a person whose property has been seized, and others). A person against whom disciplinary proceedings may be initiated or other measures affecting the personal interests of this person may be applied in connection with the circumstances specified in the private ruling ( resolution). In other cases, cassation complaints of the inquiry officer, head of the inquiry body, investigator, head of the investigative body, representative of the institution or body executing the punishment are returned without consideration.
In accordance with the provisions of paragraph 3 of part 1 of Article 29 of the Federal Constitutional Law of February 26, 1997 N 1-FKZ “On the Commissioner for Human Rights in the Russian Federation”, the Commissioner for Human Rights in the Russian Federation, based on the results of consideration of the complaint, has the right to appeal to the cassation court with a petition for verification of a sentence, ruling, or court decision that has entered into legal force.
3. Proceedings in the court of cassation are carried out in compliance with the requirement of instance established by Article 401.3 of the Code of Criminal Procedure of the Russian Federation, according to which a cassation complaint, presentation, as well as a criminal case, are first considered in a lower and then in a higher court of cassation. At the same time, courts should keep in mind that a court decision can be appealed to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, to the Military Collegium of the Supreme Court of the Russian Federation, provided that it was appealed to the Presidium of a lower court (paragraphs 2 and 5 of Part 2 Article 401.3 of the Code of Criminal Procedure of the Russian Federation as amended by Federal Law of December 28, 2013 N 382-FZ).
The decision of a judge of a district court, a garrison military court, issued in execution of a sentence, regardless of what level the court passed the sentence, can be reviewed in cassation only in compliance with the authority established by part 2 of Article 401.3 of the Code of Criminal Procedure of the Russian Federation, that is, by the presidium of the relevant supreme court of the republic, regional, regional or equivalent court, and then the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, the Military Collegium of the Supreme Court of the Russian Federation.
A cassation appeal or presentation, in which the verdict and the judge's decision made in execution of the sentence are simultaneously appealed, are subject to consideration by the court of cassation, which is competent to review the verdict, regardless of which district court judge (of the same or another subject of the Russian Federation) made the decision in order of execution of the sentence.
4. In accordance with the provisions of Part 1 of Article 127 and Article 401.3 of the Code of Criminal Procedure of the Russian Federation, a court decision that has entered into legal force, made during both judicial and pre-trial proceedings in a criminal case, can be reviewed in cassation. The rulings and rulings specified in Part 2 of Article 389.2 of the Code of Criminal Procedure of the Russian Federation, with the exception of rulings and rulings on the imposition of a monetary penalty, are not subject to independent cassation appeal. The legality of these court decisions can be verified simultaneously with the legality of the final decision in the case.
5. Due to the fact that any interference in the activities of the courts during the administration of justice, including from higher courts, is unacceptable, court decisions that have entered into legal force and made during pre-trial proceedings can, as a general rule, be reviewed in cassation only before the criminal case is transferred to the court of first instance for consideration on the merits. At the same time, since the restoration of violated constitutional rights to freedom and personal integrity must be timely, and the available means of legal protection for them must be effective, appeal and cassation review of decisions on choosing a preventive measure in the form of detention, house arrest or the extension of their validity period or the placement of a person in a medical or psychiatric hospital for a forensic examination are possible even after the receipt of a criminal case in the court of first instance.
6. Cassation appeals or presentations that do not meet the requirements of Article 401.4 of the Code of Criminal Procedure of the Russian Federation are returned without consideration in accordance with paragraph 1 of Part 1 of Article 401.5 of the Code of Criminal Procedure of the Russian Federation. After removing the obstacles that served as the basis for returning the cassation appeal or presentation without consideration, the person has the right to again appeal to the cassation court.
(clause 6 as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03.03.2015 N 9)
7. In connection with the entry into force of Federal Law No. 518-FZ of December 31, 2014, review of sentences, rulings, and court decisions that entered into force before January 1, 2013 is carried out in accordance with the provisions of Article 4 of the Code of Criminal Procedure of the Russian Federation in the manner prescribed Chapters 47.1 and 48.1 of the Code of Criminal Procedure of the Russian Federation, on complaints, representations of persons who have previously either not appealed these court decisions in the manner of supervision according to the rules of Chapter 48 of the Code of Criminal Procedure of the Russian Federation, or have not exercised their right to appeal in full. In this case, the complaint or presentation is submitted to the appropriate cassation court, to which the court decision has not previously been appealed, or to the supervisory court.
(Clause 7 as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03.03.2015 N 9) 8. Lost force. — Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 3, 2015 N 9.
9. The one-year period provided for in Article 401.6 of the Code of Criminal Procedure of the Russian Federation, during which a turn for the worse is allowed when reviewing a court decision in cassation procedure, was missed when filing a cassation appeal, cannot be restored, regardless of the validity of the reason for its omission. In this case, the application for restoration of the missed deadline is returned to the applicant without consideration.
A decision on a turn for the worse cannot be made by the court of cassation after the expiration of a one-year period and in cases where the decision to transfer a cassation appeal or presentation to the court of cassation was made before its expiration. In this case, the cassation court leaves the complaint or presentation without satisfaction.
10. Explain to the courts that, by virtue of Article 401.1 of the Code of Criminal Procedure of the Russian Federation, when considering a cassation appeal or presentation, the court (judge) of the cassation instance checks only the legality of court decisions, that is, the correct application of criminal norms and norms of criminal procedural law (questions of law).
Taking into account this limitation, the arguments of a cassation appeal or presentation, if they challenge the correctness of the court’s determination of the factual circumstances of the case (questions of fact), are not subject to verification. At the same time, if the cassation appeal or presentation contains an indication of violations of the criminal procedural law committed by the court when examining or assessing evidence (for example, justifying the verdict with inadmissible evidence), which influenced the correctness of the court’s determination of the factual circumstances of the case and led to a miscarriage of justice, such arguments should not be left unchecked.
Complaints, submissions about the injustice of a sentence for which a punishment was imposed that does not correspond to the gravity of the crime, the identity of the convicted person, or for which the court imposed an unfair punishment due to its excessive leniency or excessive severity (Part 2 of Article 389.18 of the Code of Criminal Procedure of the Russian Federation) are subject to verification by the court of cassation in if such a court decision was the result of incorrect application of the norms of the General Part of the Criminal Code of the Russian Federation (for example, the provisions of Article 60 of the Criminal Code of the Russian Federation).
If a cassation appeal or presentation, along with others, contains arguments that, by virtue of the law, are not related to the subject of verification by the cassation court, then in this part the court (judge) leaves them without verification, as indicated in the resolution (ruling).
11. The issue of reclaiming a criminal case should be resolved based on the fact that the case must be reclaimed in every case when the judge has reasonable doubts about the legality of the appealed court decision.
12. According to general rule verification of the legality of the appealed court decision is carried out based on the arguments of the cassation appeal or presentation. However, it should be taken into account that the cassation court is not bound by these arguments and has the right to examine the criminal proceedings in full (Part 1 of Article 401.16 of the Code of Criminal Procedure of the Russian Federation).
Within the meaning of the provisions of Article 401.16 of the Code of Criminal Procedure of the Russian Federation, a judge can decide to transfer a cassation complaint, presentation with a criminal case for consideration in a court session of a cassation court on grounds not specified in the complaint, presentation, only in relation to the person in respect of whom the question of review is raised a court decision, if changing or canceling this decision improves his position.
Advertisement and indicate the motives decision taken.
14. The resolution on the transfer of a cassation appeal, presentation with a criminal case for consideration in a court session of a court of cassation must contain both an indication of what exactly the violations of the criminal law (its incorrect application) and (or) violations of the criminal procedural law were expressed in, as well as and the motives for which they should be recognized as significant, influencing the outcome of the case, and in the event of a turn for the worse, distorting the very essence of justice and the meaning of the judicial decision as an act of justice.
15. If the cassation appeal of one of the subjects of appeal, for example a convicted person, is transferred by the judge to the court of cassation, then his additional complaint, as well as the complaint, presentation of other subjects of appeal (defender, victim, prosecutor, etc.) filed in relation to the same convicted on the same or other legal grounds, are transferred by the judge to the cassation court for consideration without issuing a corresponding decision. Moreover, for each complaint or presentation that is submitted to the court of cassation, the requirements of Part 2 of Article 401.13 of the Code of Criminal Procedure of the Russian Federation must be met.
16. A person who has applied to a cassation court has the right to withdraw his cassation complaint or presentation before the start of their consideration by the court.
If a request to withdraw a complaint or presentation is received before a decision is made to transfer them along with the criminal case for consideration at a court session of the cassation court, then the complaint or presentation is returned to the applicant in accordance with paragraph 4 of part 1 of Article 401.5 of the Code of Criminal Procedure of the Russian Federation. If such a request is received after the decision to transfer the complaint or presentation is made, the court issues a ruling (ruling) to terminate cassation proceedings.
A court decision to terminate cassation proceedings in connection with the withdrawal of a complaint or presentation is not a circumstance preventing the same person, within the period specified in Part 3 of Article 401.2 of the Code of Criminal Procedure of the Russian Federation, from re-applying to the same cassation court with a complaint or presentation on the same or other legal grounds.
17. In accordance with Article 401.12 of the Code of Criminal Procedure of the Russian Federation, the cassation court must, no later than 14 days before the day of the court hearing, notify the persons whose interests are affected by the complaint, presentation, about the date, time and place of consideration of the criminal case, and also send these persons copies of the decision on the transfer of cassation appeals, presentations with a criminal case for consideration in a court session of the cassation court and copies of cassation complaints and (or) presentations filed by other participants in the trial in this case.
In this case, notification of the participants in the process is allowed via SMS message if they agree to be notified in this way and if the facts of sending and delivery of the SMS message to the addressee are recorded. The fact of consent to receive an SMS message is confirmed by a receipt, in which, along with data about the participant in the proceedings and his consent to notification in this way, the number mobile phone to which the message should be sent.
Advertisement the hearing of the cassation court is provided by the court.
19. Based on the provisions of Part 3 of Article 401.13 of the Code of Criminal Procedure of the Russian Federation, the judge who made a decision on the transfer of a cassation appeal, presentation with a criminal case for consideration in a court session of a cassation court does not have the right to participate in the consideration of this criminal case as part of a cassation court.
When considering a criminal case in the presidium of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court, a judge who is not a member of the presidium has the right to report the criminal case even if when he has decided to transfer the cassation appeal, presentation for consideration at the court hearing of the presidium, since in in this case he does not participate in decision-making in a criminal case.
20. Draw the attention of the courts to the fact that the range of grounds for canceling or changing a court decision in cassation due to a significant violation of the criminal law (its incorrect application) and (or) a significant violation of the criminal procedural law, in contrast to proceedings in the appellate instance, is limited only to such violations that influenced the outcome of the criminal case, that is, the correctness of its resolution on the merits, in particular the conclusion of guilt, the legal assessment of the offense, the imposition of punishment by the court or the application of other measures of a criminal legal nature, and the decision in a civil lawsuit.
21. A turn for the worse when reviewing a court decision on cassation may occur if during the trial there were violations that distort the very essence of justice and the meaning of the court decision as an act of justice.
Incorrect application of the criminal law, which is the basis for reviewing a court decision in cassation with a turn for the worse, can be expressed, for example, in the qualification of an act under the criminal law as a less serious crime.
Violations of the criminal procedural law that distort the very essence of justice and the meaning of the court decision as an act of justice may include, in particular, the violations specified in paragraphs 2, 8, 10, 11 of part 2 of article 389.17, in article 389.25 of the Code of Criminal Procedure of the Russian Federation, as well as other violations that deprived participants in criminal proceedings of the opportunity to exercise the rights guaranteed by law to a fair trial on the basis of the principle of adversarialism and equality of the parties or significantly limited these rights, if such deprivation or such restrictions affected the legality of the sentence, ruling or court decision.
When reviewing a court decision in cassation, the court has the right to make a decision (ruling) entailing a worsening of the situation of the convicted person, acquitted person or the person in respect of whom the case was terminated, only on the legal basis and on the grounds that are indicated in the cassation presentation of the prosecutor, the cassation appeal of the victim , his legal representative or representative.
22. Taking into account the provisions of Part 1 of Article 401.16 of the Code of Criminal Procedure of the Russian Federation in their interrelation with the provisions of Article 6 of the Code of Criminal Procedure of the Russian Federation, which determines the purpose of criminal proceedings, the cassation court must eliminate all significant violations of the criminal law (its incorrect application) and (or) criminal offenses identified at the court hearing -procedural law that influenced the outcome of the case, if their elimination entails an improvement in the position of the accused, defendant, convicted, acquitted, a person against whom the criminal case was terminated, or another person against whom cassation proceedings are being conducted in the case.
In accordance with Article 392 and part 6 of Article 401.16 of the Code of Criminal Procedure of the Russian Federation, the instructions of the court of cassation are mandatory when re-examining a criminal case by the courts of first and appellate instances, as well as for the prosecutor in the event of returning the criminal case to him in the manner established by Article 237 of the Code of Criminal Procedure of the Russian Federation.
23. Draw the attention of the courts to the fact that, according to Part 9 of Article 401.13 of the Code of Criminal Procedure of the Russian Federation, the first proposal that is most favorable for an acquitted person, a convicted person, or a person against whom the criminal case has been terminated is put to a vote.
24. By virtue of Part 3 of Article 401.14 of the Code of Criminal Procedure of the Russian Federation, the resolution (ruling) of the court of cassation must comply with the requirements provided for in Parts 3 and 4 of Article 389.28 of the Code of Criminal Procedure of the Russian Federation. At the same time, in the descriptive and motivational part of the cassation resolution (definition), in addition to the reasons for the decision made, the grounds on which the sentence or other appealed court decision is recognized as legal, and the complaint or presentation are not subject to satisfaction, or the grounds for complete or partial cancellation or change of such solutions.
25. In case of cancellation of the verdict and transfer of the criminal case for a new trial to the court of first or appellate instance, as well as in the return of the criminal case to the prosecutor to the cassation court, in order to protect the rights and legitimate interests of participants in criminal proceedings and conduct a court hearing within a reasonable time, it is necessary to resolve the issue on the preventive measure against a person in custody. In this case, the court has the right to choose any of the preventive measures provided for in Article 98 of the Code of Criminal Procedure of the Russian Federation, provided that it ensures the achievement of these goals. If a preventive measure is chosen in the form of detention or house arrest, the cassation court is obliged to indicate the specific period of its validity.
When choosing a preventive measure in the form of detention or house arrest, the cassation court must be guided by general provisions criminal procedure law, establishing the grounds and procedure for choosing a preventive measure, based on the fact that interested persons (provided that they are notified of the date, time and place of the hearing of the case) are aware of the nature of the decisions that can be made by the court of cassation, in including the possibility of choosing a preventive measure in the form of detention or house arrest.
26. During proceedings in a cassation court, not only the materials available in the criminal case can be considered, but also additional materials received with a complaint or presentation or presented by the parties, if they contain information that is important for the correct resolution of the case and do not indicate the presence of new or newly discovered circumstances.
LEGAL ASSISTANCE TO CONVICTED persons
PSYCHOLOGICAL ASSISTANCE TO CONVICTS
Appealing a court verdict in cassation procedure
Needless to say, every unjust decision is a direct blow to the authority of the judiciary and the state as a whole. Based on this, it is logical to assume that appeal against the verdict which has entered into legal force is an exceptional stage. More precisely, it must be exceptional, since, as is known, “ the court has no room for error" But, since you are a reader of our site, I think you are convinced that litigation, like court sentences, are far from being as fair as the law provides. So let's talk about appeal procedure entered into legal force sentence.
Deadlines for filing a cassation appeal in a criminal case.
Deadline for filing a cassation appeal in a criminal case not limited by law. Therefore, of course, the convicted person has time to collect his thoughts. But there is no point in delaying appealing the court verdict for too long.
How write a cassation appeal.
How write a cassation criminal complaint? If you do not agree with the court's verdict, this question will arise immediately after reading determination of the appellate authority, which left your arguments unsatisfied and the court's verdict unchanged.
Many cassation appeals in a criminal case are rejected because they are written incorrectly. The first, common mistake is that people do not understand the difference between appellate and cassation proceedings. Yes, the purpose of the appeal and cassation complaint is the same - to eliminate a judicial error, to achieve justice and legality in a specific criminal case.
Many convicts, having become disillusioned with their lawyers, decide that they can write a cassation appeal on one's own.
Before you start writing a cassation appeal, you must understand that content of the appeal differs from contents of the cassation appeal.
The difference between an appeal and a cassation complaint The complaint is this:
At appeal against a sentence The materials of your criminal case are automatically sent to the appellate authority along with your complaint. A court hearing of the appellate instance will definitely take place.
At appealing the verdict in cassation procedure this doesn't happen. The official will only have your cassation appeal with the court verdict and the appeal ruling attached to it.
Therefore, your first task is write a cassation appeal so as to convince these officials to request your case from the court of first instance and check it. This will increase your chance of success. The case will be requested only if you writing a cassation appeal clearly indicate significant violations of the criminal and (or) criminal procedural law that influenced the outcome of the case,
If the judge considers your arguments initially untenable, he will simply send you a decision to refuse to transfer your cassation appeal to the cassation court - this is his right.
In addition, when drawing up an appeal the main emphasis, as a rule, is on the discrepancy between the conclusions of the trial court and the actual circumstances of the case. At drawing up a cassation appeal in a criminal case, it is necessary to present arguments about a significant violation of the criminal and (or) criminal procedural law that influenced the outcome of the case
Some tips for drawing up a cassation appeal.
Availability of case materials is one of the most important conditions to write a competent, effective complaint. If you were unable to completely copy the materials of the criminal case during your review, it is not too late to do this even within the period drawing up a cassation appeal.
A convicted person, while in a correctional facility, cannot obtain the materials of his case himself.
Familiarize yourself with the materials of the criminal case using technical means(in this case, a digital camera) in the court of first instance will be able to:
The lawyer of the convicted person, but only the one with whom an official written agreement has been concluded.
Confidant of the convicted person. The basis for familiarization in this case will be a written power of attorney of the convicted person, certified by the head of the colony where the convicted person is serving his sentence, and a petition from the authorized person to familiarize himself with the case materials to the court of first instance
The materials of the criminal case are photographed with a digital camera in full. It is necessary to photograph a criminal case by volume, including the volume cover, table of contents, and then each chapter.
How write a cassation appeal:
- Indicate which court you are sending to cassation appeal in a criminal case;
- Full name of the applicant, not forgetting to indicate who you are in the criminal case (convict, victim, lawyer, etc.)
- indicate which sentence, appeal, cassation ruling you are complaining about.
- Briefly outline the circumstances of the case, including the version given by the court: what date, which convict committed the crime, what it consisted of, what punishment was determined by the court verdict.
« I do not agree with the verdict, I do not agree with the appeal ruling, because when the court of first instance rendered the verdictThere were significant violations of the criminal and (or) criminal procedure law that influenced the outcome of the case, which, in accordance with Part 1 of Art. 415.1 Code of Criminal Procedure of the Russian Federation
State your position on which you believe that in the administration of justice and the drawing up of the verdict by the court, significant violations of the criminal and (or) criminal procedural law were committed, which influenced the outcome of the case by your objections to the verdict, and then to the appeal ruling.
Next write: “ In the appellate court, documents such and such did not receive assessments».
In conclusion, indicate:
« Thus, taking into account significant violations of criminal and criminal procedural law when passing a sentence, guided by Art. Art. 401.1-401.4, 401.7-401.9, 401.11-401-15 Code of Criminal Procedure of the Russian Federation
I ask: to reclaim the case and transfer the cassation appeal with the criminal case for consideration in a court session of the cassation court».
In accordance with Part 1 of Article 401 of the Code of Criminal Procedure of the Russian Federation
Appeal must contain:
— the name of the cassation court to which the complaint is filed;
— information about the person who filed the cassation appeal, indicating his procedural status, place of residence or location;
- an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;
- indication of court decisions that are being appealed
- an indication of significant violations of the norms of criminal or criminal procedural law committed by the courts that influenced the outcome of the case, with the presentation of arguments indicating such violations;
- request of the person filing the complaint;
Applicant's signature;
- a list of documents attached to the complaint;
Appendix to the cassation appeal
To the cassation appeal must attached
- a copy of the verdict of the court of first instance;
A copy of the ruling of the appellate court;
A copy of the ruling of the cassation court, if it was issued in this criminal case.
All court rulings must be duly certified (with the ink official seal of the court);
If the complaint is filed by a lawyer, the warrant must be attached to it.
Other documents may be attached to the complaint at the request of the applicant.
Sample of a cassation appeal
_____________________ (To whom the complaint is sent)
gr.______________________ (full name of the convicted person),
convicted under Part ___, Art. ____ Criminal Code,
located_____________________ (IK No. ___, city __)
APPEAL
By the verdict of the court __________________________ (indicate by which court the verdict was passed) dated _________________ (indicate the date of the verdict), I was (was) found guilty of committing a crime under Part ____, Art. ___ of the Criminal Code, and sentenced to ________________ imprisonment to be served in a general (strict) regime colony.
The verdict was appealed by me (my lawyer) on appeal, but by the decision of __________________________ (specify which court) the appeal was left unsatisfied, the court’s verdict was unchanged.
When pronouncing the verdict, the court considered my guilt to be fully proven on the following grounds:_________________________________________________ (indicate on what the court based its position with reference to the verdict)
I do not agree with the court’s verdict; I consider it to have been made with significant violations of the norms of procedural law according to the following reasons: ___________________________________________________________________ (refute the court’s arguments with reference to the law and references to the materials of the criminal case)
The court did not agree with my arguments. The appellate authority, checking my appeal, did not give an answer to my arguments. The appeal ruling actually rewrote the sentence. None of my arguments were developed or refuted.
The court did not agree with my arguments. The appellate instance, checking my appeal, did not give an answer to my arguments. The appeal ruling actually rewrote the sentence. None of my arguments were developed or refuted.
At the same time, the judicial panel referred to _________________________________________________ (indicate on what the appellate court based its position)
Thus, taking into account significant violations of criminal and criminal procedural law when passing a sentence, guided by Art. Art. 401.1-401.4, 401.7-401.9, 401.11-401-15 Code of Criminal Procedure of the Russian Federation
The verdict of the _______________________ court ____________ region dated _________ "__" ____________ 20__ and the appeal ruling of the Judicial Collegium for Criminal Cases of the ____________ court
Cancel and transfer the criminal case for a new trial in _______ (indicate which court);
Cancel and return the case___________________________ to the prosecutor;
Cancel the verdict of the appellate court and transfer the criminal case for a new appeal hearing;
change the sentence (appeal ruling) indicate in what part and how).
APPLICATION:
Copy of the court verdict
Copy of the appeal ruling judicial panel in criminal cases
Additional documents that the applicant wishes to attach to support his arguments.
"__"____________ 20__ signature full name
Good afternoon In 2009, a loan agreement was signed between me and the bank in Krasnodar, and the only housing was taken as collateral. According to the agreement, I made a one-time payment of 05% of the loan amount. On my part, the conditions have been met.
The bank does not issue the full loan amount under the agreement, promising in every possible way to issue the remaining amount tomorrow. then comes New Year and after the holidays, after 54 business days, files a claim to collect debt on a line of credit with an issuance limit. and naturally wins the case. the case was considered without our participation.
There are fraudulent actions on the part of bank employees. in May 2012, a statement of crime was written in accordance with Part 4 of Art. 159 of the Criminal Code of the Russian Federation (group of persons, especially large size, deprivation of housing).
The prosecutor's office sends the materials to the city's Ministry of Internal Affairs, the chief sends the inquiry body to the Department of Economic Crimes, where, naturally, a decision is made to refuse to initiate criminal proceedings. and so on for many years. I am filing a lawsuit in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, the prosecutor's office retroactively cancels the decision of the investigator and the carousel begins. BUT. THREE complaints were satisfied, I am filing for compensation for material damage through the treasury, naturally the courts did not listen. For each argument, I file a separate complaint. Got them all. For this I received Article 105 of the Criminal Code of the Russian Federation, you would think that there was no murder, they fussed for a long time, they replaced it with Art. 119 of the Criminal Code of the Russian Federation. And then there is amnesty. Meanwhile, my complaints lie waiting in the wings. So a complaint was filed under Art. 125 of the Code of Criminal Procedure of the Russian Federation, about violation of Art. 151 of the Code of Criminal Procedure of the Russian Federation, jurisdiction, the law does not allow OBEP investigators to carry out procedural actions under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, which is a gross violation of the criminal procedural law, which resulted in the deprivation of housing for my family, including a FOUR-MONTH-OLD CHILD. Naturally, the court did not see any violations, and the appeal did not see either. The decisions do not mention my arguments (each argument is stated point by point). Today I have time left until June 16, 2017 to file a cassation appeal, but given that there is a confrontation between peoples (Russian against Russian), I ask you to help draw up a cassation appeal. Perhaps I will make irreparable mistakes when drawing up the cassation. What would you like to avoid? I would like to note from the materials that I am no longer in dispute with the bank. The bank classically transferred the case to the Ministry of Internal Affairs, the Prosecutor's Office, the Investigative Committee of the Russian Federation, and the most humane court. And according to Art. 125 of the Code of Criminal Procedure of the Russian Federation and further, compensation for material losses falls on the treasury represented by the Ministry of Internal Affairs, the Prosecutor's Office, and the Investigative Committee of the Russian Federation. And the millstones continue to spin......
Seriously though, putting aside lyrical digressions, the essence of what is stated in my opinion is clear. I ask you to teach and guide me on the right path. Thank you.
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