Execution of the sentence. Important!!! all convicted persons have been restored the right to file supervisory complaints without a deadline for filing

100.The procedure for appealing court sentences and rulings that have not entered into legal force.

The Code of Criminal Procedure of the Russian Federation has established two procedural forms in which, as independent stages of the criminal process, verification and revision of court decisions that have not entered into legal force are carried out. Such a check is a way to exercise the right of parties in criminal proceedings to appeal these decisions. An appeal procedure has been established solely for the purpose of verifying sentences and decisions made by magistrates.

This procedure for appealing decisions made by magistrates is characterized by the fact that verification of their legality, validity and fairness is carried out according to the rules of proceedings in the court of first instance, i.e. by considering the case on its merits.

In the cassation procedure, the law provides for the consideration of complaints and submissions against decisions of the courts of first and appellate instances that have not entered into legal force, but in addition to sentences and decisions made by magistrates. Appeals to the appellate or cassation instance serve not only to restore violated rights, but also to identify shortcomings in the work of investigative and other bodies, as well as courts.

The right to appeal a court decision belongs to the convicted, acquitted, their defenders and legal representatives, the state prosecutor or a higher prosecutor, the victim and his representative.

A civil plaintiff, a civil defendant or their representatives have the right to appeal a court decision insofar as it relates to the civil claim.

This list, established by law, is exhaustive and is not subject to broad interpretation (Article 354 of the Code of Criminal Procedure of the Russian Federation).

The form of appeal is written, for the prosecutor - a presentation, for other persons who have the right to appeal - a complaint. The scope of the rights of the above-mentioned persons to appeal court decisions is characteristic.

The convicted person has this right in full; the acquitted person has the right to appeal the verdict only on the grounds of acquittal (Article 385), as well as in the part of the civil claim that concerns him.

The victim, within the meaning of the law, has an unlimited right to appeal, but this right must be related to that part of the sentence that is directly related to him as a victim.

The victim, recognized as a civil plaintiff, has the right to appeal the verdict insofar as it concerns his claims. If a person’s death occurs as a result of a crime, one of his close relatives, recognized as a victim in the manner prescribed by law, has the right to appeal (Part 8 of Article 42 of the Code of Criminal Procedure).

The defender of the convicted person has the right to file a complaint on his own initiative only in the interests of the convicted person, if after the decision and proclamation of the verdict he does not refuse the defense.

The Code of Criminal Procedure of the Russian Federation establishes a detailed and clear procedure for filing a complaint and presentation (Article 355). They are brought through the court that passed the sentence or made another appealed court decision. Violation of this procedure leads to an increase in the time for consideration of these appeals and negatively affects the interests of justice.

Complaints and representations brought in the specified order are submitted:

appeal - to the district court;

cassation:

against a verdict or other decision of the first or appellate instance of a district court - to the judicial panel for criminal cases of the Supreme Court of the republic, a regional or regional court, a city court federal significance, courts of the autonomous region and courts of the autonomous district;

against a verdict or other 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 and a court of an autonomous district - to the Judicial Collegium for Criminal Cases Supreme Court RF;

against a verdict or other decision of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation - to the Cassation Collegium of the Supreme Court of the Russian Federation.

Sentences and other decisions of military courts are appealed in the manner established by this Code to higher military courts specified in the Federal Constitutional Law on Military Courts.

Determinations and decisions made during the trial may be appealed through the appellate or cassation procedure.

An appeal against a ruling or ruling made during a trial does not suspend the trial. Thus, the legislator has significantly strengthened the guarantees of the parties in criminal proceedings, providing for the possibility of promptly responding to errors made by the court of first instance during the trial process.

On the other hand, the legislator has identified a number of definitions and resolutions, the appeal of which in the manner established by this chapter would unreasonably suspend the trial.

For example, rulings and court decisions issued during the trial that determine the procedure for examining evidence in an adversarial criminal case, resolving issues related to the petitions of participants in the trial, ensuring proper order in the courtroom, are not subject to appeal, with the exception of rulings and rulings on imposing a monetary penalty. This is due to the fact that an appeal against these court decisions during a court hearing would require a suspension of the proceedings.

The time limits for parties to appeal a sentence or other decision in appeal or cassation are the same for all decisions of courts of first instance (Article 356 of the Code of Criminal Procedure). They are sufficient to understand the relevant decision and prepare a complaint or presentation.

The period of 10 days is calculated from the day of proclamation of the verdict or announcement of another decision of the court of first instance, and for a convicted person in custody - from the day of delivery of a copy of the verdict or other decision.

During the period established for appealing a court decision, the criminal case cannot be recalled from the court. This prohibition guarantees the right of participants in the process to become familiar with the criminal proceedings and the complaints and submissions received in court.

For the defense lawyer of a convicted person in custody, the period for appeal must be calculated from the date of delivery of a copy of the verdict or other decision of the court of first instance to the convicted person.

A complaint or presentation filed after the deadline is left by the court without consideration. This period may be restored at the request of persons who have the right to file a complaint or presentation before the court that passed the sentence or made another appealed decision.

The basis for reinstating the deadline is the validity of the reason for missing it, which includes circumstances that objectively prevented the participant in the process from timely appealing the verdict or other decision of the court of first instance. They may be recognized as events in the life of the person who applied for the restoration of the term, as well as violations of the law that limited his ability to protect legitimate interests (untimely preparation of the minutes of the court session; delivery of a copy of the decision to the defendant, who does not speak the language of the proceedings, without translation; inaccuracy of the operative parts of the decision when specifying the period for appeal; violation of transport links with the location of the court).

The request for restoration of the deadline is considered in court hearing judge presiding over a criminal trial.

The missed deadline is also restored if copies of the appealed court decision to the persons specified in parts 4 and 5 of Art. 354 of the Code of Criminal Procedure of the Russian Federation, were served after 5 days from the date of its proclamation.

The judge's decision to refuse to restore the missed deadline can be appealed to a higher court.

The law requires the court to notify all participants in the process whose interests they concern about the receipt of a complaint or presentation, send them copies of the specified documents and explain the rights associated with this (Article 358 of the Code of Criminal Procedure). All these issues are decided by the court that passed the sentence or other decision being appealed. Notices are served in the same manner as subpoenas.

Participants in the process, whose interests are affected by the filed complaints or submissions, have the right to familiarize themselves with their content, additional materials submitted to the court after the verdict or other appealed court decision, make extracts from them or make copies. Notices of submitted complaints or submissions must contain information about the participants in the process who appealed the verdict or other court decision, the motives and grounds for the appeal, an explanation of the rights of those notified to familiarize themselves with the received materials, and the submission of their objections in writing, indicating the deadline for filing.

Objections received to a complaint or presentation are attached to the case materials. Participants in the process whose interests these objections concern have the right to familiarize themselves with them and use them, as well as other materials of the case, when it is considered in the appeal or cassation instance.

When accepting a case for proceedings, courts of appeal and cassation must find out whether all participants in the process, whose interests they concern, have been notified of the filed complaints and presentations, whether they have been given the opportunity to familiarize themselves with the received complaints and presentations, file objections to them, and accept them in the manner prescribed by law participation in a meeting of the appellate or cassation instance. If a violation of these rights is established, measures must be taken to eliminate and restore them.

Failure to comply with the requirements of Art. 358 is a significant violation of the criminal procedure law.

Filing a complaint or presentation suspends the execution of the sentence, except for the cases expressly provided for in Art. 311 of the Code of Criminal Procedure, when the case is rendered:

a) acquittal;

b) conviction without imposition of punishment;

c) a conviction with the imposition of a sentence and with release from serving it;

d) a conviction with a non-custodial sentence or a suspended sentence.

Actions (inaction) and decisions of the body of inquiry, the inquiry officer, the investigator, and the prosecutor may be appealed to the court.

Court decisions made on these complaints during pre-trial proceedings in a criminal case are appealed by participants in criminal proceedings, as well as by other persons who filed complaints with the court, to the extent that the procedural actions carried out and the procedural decisions made affect their interests.

Filing a complaint or presentation against court decisions taken on complaints against the actions (inaction) of preliminary investigation bodies, or courts of first instance, adopted within the limits set out in Part 5 of Art. 355 of the Code of Criminal Procedure does not suspend the execution of these decisions.

The expiration of the appeal period obliges the court that passed the sentence or made another appealed decision to send the criminal case, along with complaints, presentations, to the court of appeal or cassation, which is reported to the parties.

The legislator associates the consideration of a case in a court of appeal or cassation with the right of the person who filed the complaint or presentation to withdraw it before the start of the court hearing, change it or supplement it with new arguments.

However, at the same time, serious restrictions are established due to the fact that after the expiration of the appeal period, the additional presentation of the prosecutor or his application to change the presentation, the additional complaint of the victim, private prosecutor or their representatives cannot raise the issue of worsening the situation of the convicted person, if such a requirement was not contained in the original complaint or submission.

The legislator associates consideration of submissions, as well as complaints of a civil plaintiff, civil defendant and their representatives with only three possible consequences. The result of consideration of a complaint or presentation may be a court ruling to cancel or change the appealed decision or to leave the complaint or presentation unsatisfied.

The essence of appeal and cassation proceedings is to verify the legality, validity and fairness of a sentence or other court decision, but only to the extent that this sentence or other decision is appealed.

Having established, during the consideration of a criminal case, circumstances relating to the interests of other persons convicted or acquitted in the same criminal case and in respect of which a complaint or presentation was not filed, the court is obliged to check the criminal case in relation to these persons. The position of these persons when the court makes a decision cannot be worsened.

When considering a criminal case in cassation, the court has the right to commute the sentence of the convicted person or apply the criminal law for a less serious crime, but does not have the right to increase the punishment, nor apply the criminal law for a more serious crime. At the same time, the law gave the court considering a criminal case in cassation the right to overturn an acquittal, as well as a conviction in connection with the need to apply the law on a more serious crime or impose a more severe punishment, but only if the conditions provided for in Part 2 of Art. . 383 and art. 385 Code of Criminal Procedure of the Russian Federation.

The procedure for considering and resolving issues related to the execution of a sentence.

The entry of the sentence into legal force and its execution.

The concept and essence of procedural activities related to the implementation of a sentence.

Topic 19. Stage of execution of the sentence.

Literature on the topic:

1. Voronin O.V. Execution of the sentence under the Code of Criminal Procedure of the Russian Federation.

2. Sviridov M.K. The essence and subject of the stage of execution of the sentence.

3. Ryabtseva E. V., execution of a sentence in criminal proceedings in Russia.

Section 14 of the Code of Criminal Procedure. Execution of the sentence.

Activities related to the execution of a sentence have not received an unambiguous assessment in the criminal procedural literature, and there are several points of view regarding the definition of its essence:

1. Representatives M.K. Sviridov, E.V. Ryabtseva and others. According to this point of view, activities related to the execution of a sentence are stage criminal process. As arguments, supporters of this position cite the fact that this activity meets all the characteristics of the stage: specifics of the task(to ensure the actual execution of the sentence), the specifics of the term, the specifics of the term and the specifics of the activity. “+”

2. It comes down to the fact that this activity is considered as production, which, according to the classification of production, belongs to additional and simplified production.

3. Representative - Voronin O.V. According to this point of view, activity. Related to the execution of a sentence can be considered both as a stage and as a proceeding. It all depends on what criterion is used as the basis for the division.

In addition, in the criminal procedural literature the question of whether the activities of the court at the stage of execution of the sentence is not resolved justice(“+”) or judicial control.

In accordance with the Code of Criminal Procedure of the Russian Federation, activities related to the execution of a sentence, regulated by the norms of criminal procedure, can be divided into 4 blocks:

1. proclamation of the verdict, its entry into legal force and execution;

2. actual implementation by the court (independently) of certain types of punishments;

3. consideration and resolution of issues related to the execution of the sentence;

4. resolution of doubts and ambiguities of the verdict (technical issues only).

All activities within the framework of the criminal process are carried out by the court; accordingly, the relationship is multilateral.

After the verdict is pronounced, certain legal consequences occur:

1. the period for appeal begins to run (with the exception of the defendant who is under preventive measures in the form of detention, for him the period for appeal begins to run from the moment a copy of the verdict is served);

2. immutability of the content of the sentence (from the moment the judge has announced the text of the sentence, he cannot make changes or amendments to its text);

3. from the moment of proclamation, the judge has the obligation to release from custody the acquitted person, as well as defendants in respect of whom the imposed punishment is not associated with isolation from society and a preventive measure in the form of detention has not been chosen before it enters into legal force.

In accordance with Art. 390 of the Code of Criminal Procedure, the verdict of the court of first instance comes into force after the expiration of the 10-day period for its appeal and cassation appeal. The verdict of the appellate court comes into force after the 10-day period for cassation appeal has expired. If the verdict was appealed in a cassation court and was not overturned, then it comes into force on the day the cassation ruling is issued.

The entry into force of a sentence means that it acquires a number of legal properties:

1. obligation;

A sentence that has entered into legal force is binding on state and municipal bodies, individuals, legal entities and officials. For failure to comply with the requirements of the sentence current legislature provides different kinds responsibilities:

2. prejudice (what has already been established);

A sentence that has entered into legal force is mandatory when considering criminal cases in terms of recognition of the fact of the events and the guilt of the person.

3. exclusivity;

It means the inadmissibility of re-convicting a person for committing a crime, the verdict in respect of which has already entered into legal force.

4. rigor of execution;

Means that the sentence must be executed in strict accordance with its contents.

In accordance with Part 4 of Art. 390 Code of Criminal Procedure court The first instance shall execute the sentence no later than 3 days from the date of its entry into force or the return of the criminal case to their court of appeal or cassation.

If the punishment is not associated with isolation from society, then the judge explains to the person concerned that he is obliged to appear at the criminal-executive inspection for registration and subsequent control under signature.

Important!!! All convicted persons have been restored to the right to file supervisory complaints without any time limit for filing.

On December 31, 2014, the President of the Russian Federation signed Federal Law N 518-FZ, which excluded from the Code of Criminal Procedure of the Russian Federation references to the one-year period for appealing court decisions that have entered into legal force in the cassation and supervisory procedures (Articles 401.6 and 412.9 of the Code of Criminal Procedure of the Russian Federation, regarding restrictions on turning for the worse, not changed). In addition, paragraph 10 of paragraph 27 of Article 1 and part 5 of Article 3 were declared invalid Federal Law dated December 29, 2010 N 433-FZ and subparagraph “b” of paragraph 2 of Article 2 of the Federal Law dated July 23, 2013 No. 217-FZ. Among other things, the rule was excluded that persons who did not exercise the right to appeal in the manner of supervision of court decisions that entered into legal force before January 1, 2013, or who did not exercise it in full, have the right to appeal such court decisions only until January 01, 2014 (at the same time, the rule on reviewing such court decisions in the manner prescribed by the Code of Criminal Procedure of the Russian Federation as amended, in force until January 1, 2013, was excluded).

The verbatim texts of the repealed norms read as follows:

paragraph 10 of paragraph 27 of article 1 “A court decision can be appealed to a cassation court within one year from the date of its entry into legal force. A deadline missed for a valid reason may be restored in the manner prescribed by Article 3895 of this Code.”

part 5 article 3 “Review of court decisions that have entered into legal force in the manner established by Chapters 47 1 and 48 1 of the Criminal Procedure Code Russian Federation(as amended by this Federal Law) is carried out in relation to sentences, rulings and court decisions that entered into force after the day this Federal Law entered into force.”

subparagraph “b” of paragraph 2 of Article 2 “The review of court decisions that entered into legal force before January 1, 2013 is carried out in the manner established by Chapter 48 of the Criminal Procedure Code of the Russian Federation (as amended in force before the date of entry into force of this Federal Law). Persons listed in Article 402 of this chapter, who did not exercise the right to appeal by way of supervisory review of court decisions that entered into force before January 1, 2013, or did not exercise it in full, have the right to appeal such court decisions until January 1, 2014 of the year.".

At the same time, the Government of the Russian Federation gave a negative official review of the Federal Law No. 518 - with the following wording (the review was given to the original version, which dealt only with cassation complaints): “The establishment by the legislator of a pre-trial period for a cassation appeal is consistent with the principle of legal certainty. The principle of legal certainty limits the possibility of cassation appeal against sentences that have entered into legal force in order to improve the situation of the convicted person. This principle, in order to prevent abuse of rights by persons participating in the case (usually the losing party), does not allow the final acts to be questioned indefinitely judiciary, and also establishes the impossibility of initiating a review of a court decision that has entered into legal force by the authorities state power and persons whose rights were not affected legal proceedings. At the same time, the principle of legal certainty does not exclude the possibility of reviewing court decisions due to new or newly discovered circumstances (Chapter 49 of the Code of Criminal Procedure). This procedure used for correction miscarriages of justice, and according to the first part of Article 414 of the Code of Criminal Procedure, the review of a conviction in favor of the convicted person is not limited by any time limit. Based on the above, the Government of the Russian Federation does not support the bill.”

Federal Law No. 518 was published on the official website of the President of the Russian Federation on the day of signing (http://publication.pravo.gov.ru/Document/View/0001201412310095?index=0&rangeSize=1&back=False). And, accordingly, it comes into force on January 11, 2015 (Article 6 of the Federal Law of June 14, 1994 N 5-FZ).

One can only assume that the combination of the internal and external political situation prompted state leaders to realize the inadequacy of depriving convicts last hope review of their illegal sentences (against the background of the actual abolition of the institution of parole). Ultimately, it is difficult to manage people who have nothing to hope for and nothing to lose. So, it’s time for judges of the Supreme Court of the Russian Federation (and other courts) to start earning their millions in salary. Write supervisory complaints and good luck to you.

1. The concept of the stage of execution of a sentence.

2. The procedure for the entry into force of a sentence and other court decisions and their execution.

3. Issues that are considered by the court at the stage of execution of the sentence.

1. The concept of the stage of execution of a sentence.

In general, the court does not carry out sentences; for example, the court does not deal with the issue of deprivation of liberty - for this there is special institutions. However, even at the stage of execution of the sentence, issues arise that require the intervention of the judiciary. They are associated with a referral for enforcement, clarification of ambiguities or changes in certain conditions related to the conditions of punishment, related to the personality of the convicted person - illness, etc.

Due to the specifics of the stage, the range of participants is also specific. The court is present, those convicted or acquitted, and representatives of the penal system also appear. A number of questions are introduced precisely on the proposal of these bodies, since the court itself cannot find out that the convicted person in the colony behaves in a certain way.

Execution of the sentence- this is an independent stage of the criminal process in which the court puts the sentence into execution, considers and resolves issues related to the execution of the sentence in a court hearing, and also directly executes individual sentences.

The significance of this stage.

1. Procedural actions are performed here to ensure the beginning and actual implementation of the decisions contained in the verdict.

2. issues arising during the execution of the sentence are resolved, which contributes to the effective application of criminal punishment.

3. monitoring of the progress of execution of sentences is carried out through consideration in court hearings of the submissions of institutions and bodies executing punishment.

2. The procedure for the entry into force of a sentence and its execution.

The Criminal Procedure Code knows 2 types of entry into force of a sentence, it depends on whether it was appealed or not. The verdict comes into force within 10 days from the moment of its proclamation. 10 days begin from the day following the day the verdict is announced. If no one filed a cassation appeal during this period, the verdict comes into force.

Another type is if the verdict was appealed. It enters into legal force on the day the corresponding cassation ruling is issued, regardless of whether changes have been made to it or not - if the cassation overturned the verdict, there can be no talk of its coming into legal force.

When several persons are brought to justice, the verdict will come into force after the cassation ruling is issued, even if the complaint is brought against one person.

In addition to the verdict, during the consideration of a criminal case, the court issues rulings and decisions, which can be both intermediate and final. These procedural documents come into force depending on whether they are appealed or not. The period for appealing them is 10 days. There is a range of decisions and rulings that cannot be appealed, and therefore come into force immediately - part 5 of article 355 of the Code of Criminal Procedure. Determinations or decisions made during the trial are not subject to appeal:

1) on the procedure for examining evidence;

2) on the satisfaction or rejection of requests from participants in the trial;

3) on measures to ensure order in the courtroom, with the exception of rulings or decisions to impose a monetary penalty.

There is no provision for appealing them, since they do not infringe on the rights of the parties.

Execution of the sentence carried out by the court that issued the sentence. If the court of cassation upheld the verdict or made changes to it, it sends the verdict to the court of first instance within 7 days. The court of first instance has 3 days to appeal the sentence for execution, regardless of whether it was not appealed (then 3 days after the expiration of 10 days for appeal) or appealed and returned from the cassation court for execution.

If 3 days are given for the execution of the sentence, then the resolution and determination are applied for execution immediately. The cassation ruling comes into force from the moment it is issued.

The procedure for enforcing a sentence. The court must send a copy of the conviction to the body entrusted with the execution of the punishment - Article 393 of the Code of Criminal Procedure. These authorities will directly implement the sentence. The court directly enforces such punishment as a fine. The person is invited to voluntarily contribute within a month this amount, if the person did this, the sentence is considered executed; if not, then the court will send the documents to the bailiff.

After the entry into force of a sentence by which a convicted person in custody is sentenced to arrest or imprisonment, the administration of the place of detention in accordance with Article 75 of the Criminal Executive Code of the Russian Federation notifies one of the close relatives or relatives of the convicted person about where he is sent to serve his sentence.

If the civil claim is satisfied, the civil plaintiff and the civil defendant are notified of the execution of the sentence.

Before the sentence is executed, the presiding officer at the court hearing in a criminal case or the chairman of the court provides, at the request of close relatives or relatives of the convicted person in custody, the opportunity to visit him.

On January 1, 2013, major changes to the criminal procedure law come into force (No. 433-FZ of December 29, 2010, as amended by No. 294-FZ of November 6, 2011, No. 54-FZ of June 5, 2012). Even practicing judges find it difficult to answer many questions related to appealing court decisions in criminal cases since January 1, 2013. Where and to which courts should I now file complaints against the verdict and other court decisions in a criminal case? What to do if the sentence came into force before January 1, 2013, all supervisory authorities have not been passed, and more than a year has passed? Is it lost in the latter case right to review? What is the correct name for a complaint: appeal, cassation or supervisory? What is the time frame for considering these complaints under the new law? Is there still an opportunity to appeal the verdict of district courts to the Supreme Court of the Russian Federation? Will the cassation authority consider complaints against the verdict from January 1, 2013? What will happen to complaints against the verdict filed before changes were made to the Code of Criminal Procedure of the Russian Federation?

Below is my analysis of the main changes in the law when appealing sentences and other decisions of courts in criminal cases, which come into force on January 1, 2013. The purpose of the article is practical - to help understand the essence of these changes.

The changes in terms of appealing against sentences are truly significant. The powers of the appellate, cassation and supervisory authorities in criminal proceedings are radically changing. In some cases, their purpose also changes (for appealing court decisions that have or have not entered into legal force).

The legislator’s idea is good - to move away from the formal and superficial institution of appealing verdicts in cassation, with extreme disabilities and the powers of this court. At the same time, - to relieve the district courts (1st instance) as much as possible, reducing the cases of overturning sentences for a new trial. To do this, from January 1, 2013, an appellate instance should operate, with “expanded” powers, compared to the previous cassation, to examine evidence and make new decisions that differ from the decisions of the court of first instance (up to an acquittal on appeal). In order to “unload” the higher courts, the number of instances where it is possible to appeal sentences and other decisions that have entered into legal force is being reduced. A “preventative” is established, i.e. The deadline for appeal is 1 year from the moment sentences and other court decisions in criminal cases enter into legal force.

Main changes:

1. An appeal /appeal instance/ is introduced, i.e. - court of second instance for appeal everyone sentences and other court decisions in criminal cases that have not entered into legal force (previously, only those passed by magistrates). The courts authorized to act are changing appeal procedure consider complaints and submissions in criminal cases (previously appeals were only in the district, now in higher courts), as well as the composition of the court (above the district - a panel of three judges) and the time frame for the start of the appeal hearing (it was 14 days from the date of receipt of the appeal to the district court, now - from 15 to 45 days, depending on the level of the court). It is premature to judge whether the new appeal will be better at reviewing sentences than the previous cassation. Wait and see;
2. The number of instances for appealing sentences that have entered into legal force is being reduced. Using the example of a district court sentence: a sentence that had previously entered into legal force could be appealed in the supervisory order 4 times (the 1st time the complaint was considered by a judge of the Supreme (Regional) Court of a constituent entity of the Russian Federation, then the 2nd time by its chairman or deputy, the 3rd time was considered by a judge of the Supreme Court of the Russian Federation, then for the 4th time by its chairman or deputy). From January 1, 2013, a district court verdict that has entered into legal force can be appealed twice, but not in the supervisory order, but in cassation (i.e., a cassation appeal is filed!) - 1st time to the Presidium of the Supreme Court of a constituent entity of the Russian Federation, 2nd time - to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation (thank you for leaving access to Moscow...). Last order Appeals apply only to sentences and court decisions in criminal cases that entered into legal force after January 1, 2013! For old court decisions and sentences that entered into force before January 1, 2013, a supervisory complaint is still filed, and to the same authorities, as previously in the supervisory order;
3. The purpose of cassation is changing (previously, complaints and submissions against sentences and decisions in criminal cases that have not entered into legal force were considered, now - only against those that have entered into legal force). In fact, cassation replaces supervision, remaining the only instance for appealing sentences and other decisions in criminal cases of district courts that have entered into legal force. The right to appeal, and with it the hope for revision, is not lost by changing the name. To appeal sentences and decisions of district courts, two cassation instances are introduced - in the Presidium of the Supreme Court of a constituent entity of the Russian Federation and in Judicial Collegium on criminal cases of the Supreme Court of the Russian Federation. You can only file a complaint with the same court once! The level and composition of the courts authorized to consider cassation appeals is changing (for more details, see the table below);
4. The range of court decisions that can be appealed through supervisory review changes significantly. According to the new law, sentences and decisions of district courts in criminal cases cannot be appealed through supervisory procedures! There is only one supervisory authority left - the Presidium of the Supreme Court of the Russian Federation. You can appeal (within a year!) in the order of supervision entered into force verdicts and decisions of the Supreme Courts of the constituent entities of the Russian Federation ( after consideration in the appellate instance Supreme Court of the Russian Federation); appeal and cassation rulings of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation; as well as decisions of the Presidium of the Supreme Court of the Russian Federation;
5. Important! When appealing against sentences that entered into legal force after January 1, 2013, be sure to order one more, or better yet, two copies of certified copies of the verdict (other decision) of the court of the first and appellate instances! Previously, if the supervisory authority refused to satisfy a supervisory complaint, it would return copies and originals of court decisions. Now, supervision and cassation, in case of refusal to satisfy a complaint, keep copies and originals of court decisions for themselves! And with further appeal (and with parole) they will be needed again...;
6. Article 401.2 of the Code of Criminal Procedure of the Russian Federation establishes a deadline for appealing sentences and other decisions in criminal cases that have entered into legal force - 1 year from the date of entry into legal force. Previously, there were no time limits for appeals to supervision. I will immediately reassure those for whom 1 year has passed since the sentence entered into force, but did not have time to go through all stages of supervision. Nothing wrong with that! You do not lose the opportunity to appeal the verdict in supervision for at least another year! Based general principles rights, the restrictive (preventive) period for those to whom it did not previously apply begins to run from the day these restrictions come into force (by analogy with the expiration of the statute of limitations in civil law etc.). However, there are no clear explanations from the legislator or the Supreme Court of the Russian Federation regarding the application of a one-year limitation on the appeal period for court sentences and other decisions in criminal cases that entered into legal force before January 1, 2013;
7. On the website of the Supreme Court of the Russian Federation, on December 26, 2012, the Resolution of the Presidium of the Supreme Court of the Russian Federation was published, according to the explanations of which: “According to paragraph 4 of Art. 3 Federal Law dated December 29, 2010 No. 433 Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation...,” supervisory complaints and submissions of the prosecutor that were not considered as of January 1, 2013, are considered according to the rules of Chapter 48 of the Code of Criminal Procedure of the Russian Federation. Within the meaning of paragraphs 4 and 5 of Art. 3 of the same Law in conjunction with Art. 4 of the Code of Criminal Procedure of the Russian Federation, the review of decisions that entered into force before January 1, 2013 is carried out according to the rules established by Chapter. 48 of the Code of Criminal Procedure of the Russian Federation (i.e., in the same manner - author’s note), and in those cases where they did not previously take advantage of the right to appeal a court decision in the manner of supervision or did not exhaust this opportunity, and brought a complaint or presentation to the specified court decisions after December 31, 2012.” An explanation is also given that “... cassation complaints that were not considered on January 1, 2013 are considered according to the rules in force before this date (i.e., according to the rules of Chapter 45 of the Code of Criminal Procedure as amended - the previous cassation). According to the same rules, cassation complaints are considered in the event of a cassation ruling being canceled and the criminal case being transferred for a new cassation hearing.” On the Internet, practitioners are already arguing whether this should be regarded as the abolition of the one-year appeal period for sentences and decisions that entered into force before January 1, 2013? I think that it is unlikely that the courts will want to review old sentences for many years to come. Therefore, just in case, I would hurry up to use the one-year period, which begins to run on January 1, 2013, to appeal sentences and other decisions of criminal courts that entered into force before January 1, 2013...

Successful appeal!

Sincerely, lawyer V.V. Panfilov

Below is a table I compiled, maybe it will be easier to understand...

Lawyer V.V. Panfilov