Sample of the appeal in the criminal case. Appeal against a court decision

In case of disagreement with a court decision, one of the parties always has the opportunity to file a protest to cancel the decision of the court of first instance. A sample of the appellate complaint in the criminal case we will consider in the article.

What is an appeal?

One of the important principles of the court as such is justice. The verdict of the court must be justified and fair. All the moments connected with the situation in the case, the judge must thoroughly study, compare and collect all the facts into a single whole. Only after all this it is logical to pass sentence.

There will always be a losing party in the trial. If a person actually committed a crime, then the judge's decision is fair. But sometimes there are judicial mistakes, there can also be "bought" cases in order to "imprison" the innocent. Convicted in such cases will fight to the end. The chance to restore justice is an appeal.

How to apply for a claim?

Appeal complaint is submitted to a higher court. How to act to file a complaint on time? Immediately after the sentencing, the lawyer who participated in the process, or a new lawyer who did not work in a particular case, drafts the complaint. To increase the chances of satisfying the complaint in the text, it is necessary to write down all important events in the case as much as possible and indicate the articles of the criminal code of the Russian Federation violated or unaccounted for when making the first decision.

After drawing up the text of the complaint, the client or his representative pays the costs of the case and the state fee in the bank for the requisites of the court . The complaint and all applications are submitted in duplicate. Receipts for payment of fees are attached.

Form of appeal

This document has a definite, legally approved form. The court accepts the complaint for consideration only if the form of filing the complaint is observed. So, according to Article 389.6 (paragraph 1) of the CCP RF, the structure of the complaint consists of the following elements:

- the name of the authority where the complaint is sent (for example, "To the Basmanny District Court of Moscow");

- information about a citizen who lodges a protest with a court; It is also important to indicate the extent of his participation in the judicial process (for example, Ivanov Ivan Ivanovich-convicted, injured, convicted lawyer, etc.);

- the data on the decision, which is disputed (the name of the court, the verdict, the date of the verdict) are necessarily indicated;

- the grounds for the appeal are indicated (specific facts confirming the guilt or innocence of the person, a sample of the appeal complaint in the criminal case will be considered separately);

- the list of additional documents that are attached to the complaint is stipulated (these can be photocopies of any documents, expert opinions, petitions, characteristics, etc.);

- The person who filed the complaint must make his signature, without it the document will not have legal force.

Deadlines for the preparation and registration of a protest document

An appeal against the verdict of the court, in accordance with Article 389.4 of the Code of Criminal Procedure, shall be submitted within the established standard filing deadline. The fact is that in a general legal practice, regardless of the type of case (civil, criminal, administrative, labor dispute), a 10-day period has been set for appealing against a court decision. It is important to consider that 10 days are considered taking into account the days off. Let's say that the verdict was pronounced on August 3. Appeal to this verdict is only possible until August 13 inclusive. That is, the appellate complaint is filed within the strictly prescribed time limits.

The possibility of extending the time limit for appealing a court decision is allowed. For this it is necessary to prove that there is a valid reason for not being able to surrender the complaint on time. For example, a person was lying in a hospital or was on a business trip. Of course, it is desirable to attach documentary evidence to the application for extending the appeal period.

Example of complaint

In the circuit court

City of Moscow (the name of the court

Institutions)

FIO and procedural status in the case

(Accused, convicted, detained, defender of the accused or convicted, relative)

Address: (it is necessary to indicate the postal address with the exact place of residence of the citizen who lodges the complaint)

Telephone number : ....... (if necessary, contact him by phone)

Appeal complaint

To the final judgment in a criminal case

By the sentence of the Basmanny Court of Moscow from "___" _________ 2015, F.I.O. was found guilty (guilty) of committing a crime (crimes) under article (s) ____-____ of the Criminal Code of the Russian Federation. For committing crimes under Art. ____ Criminal Code of the Russian Federation F. IO sentenced (convicted) was sentenced to ____ years imprisonment (or with a delay in serving his sentence) with serving his sentence in a colony (light, strict) regime.

(Further in the text of the complaint the reasoning of the court decision in which the case was heard is indicated)

With the indicated sentence does not agree (disagree) for the following reasons: (the reasons that can prove the innocence of the convicted person are indicated.

(To state the facts should be as detailed as possible)

According to articles 389.1, 389.6 of the Code of Criminal Procedure of the Russian Federation

I BEG:

- Attach to the appeal case such materials:

- .....

-.....

-.....

(These are documents that confirm not the person's guilt)

2. To invite to the court session and organize an interrogation as witnesses of such persons (specialists, acquaintances): (indicating the name, address of residence)

3. Following the results of consideration of the appeal, the verdict of the Basmanny District Court of Moscow shall be repealed (amend). The court must indicate one of the possible court decisions in accordance with Article 389 of the Code of Criminal Procedure.

Applications:

1......

2 ......

3 .....

Date Signature

Above we gave a sample of the appeal on the criminal case. As you can see, to write it the main thing is to clearly know the main articles of the Criminal Code of the Russian Federation, which appear in the original court decision. Of course, it is important to follow the above structure and form of the application, because if the regulatory requirements are not complied with, the application may not be accepted for consideration in court.

What if I did not have time to file a complaint on time?

A sample of the appeal in the criminal case, we have already considered. Now it is important to understand what to do in case of missing the deadline set for registration and registration of the complaint. There is an exit! According to the norms of the Civil Code, you can apply for an extension of the period for appeal. As already mentioned, it is necessary to indicate a valid reason. Let us consider an example of such a statement.

Sample Application

Statement

On the extension of the appeal period for

Decision of the court.

In ____________ the district court (the name of the court is indicated)

From FIO (the data of the citizen who submits the claim are indicated).

I filed an appeal against the verdict _________ of the court in the case _________ (the date of the decision is indicated, the court that made the decision).

In accordance with Art. 389.4 of the Code of Criminal Procedure, the possibility of canceling a sentence is only when the claim is filed within the statutory period.

According to the norms of Art. 389.5 persons who missed the appeal period may be given additional time to prepare a claim for court decisions in accordance with the federal law when the court recognizes the validity of the reasons for missing the deadline.

I think that I missed the period of appeal established by law for a good reason (it is necessary to describe the reason for the pass).

Based on the above information and according to Art. 389.5 CCP RF

I BEG:

1. Extend the period for filing a complaint against the verdict of the court.

List of annexes

1.Applications (duplicate).

2. Documents, which indicate the reason for missing the deadline.

Date "_____" __________ 2015 Signature

This is an example of a statement. For success in the examination, it is necessary to specify the reason as detailed as possible.

Conclusion

The process of appealing an act of a court of any instance is a traditional phenomenon in legal practice. The right to protest against an unmotivated court decision belongs to all participants in the proceedings in court. A convicted person and his lawyer, relatives of the convicted person, can appeal against a verdict that they consider unfair. On the other hand, the prosecutor's office often disagrees with the verdicts of the courts. They, too, as public prosecutors can file complaints.

We examined how to file an appeal against the decision of the court. We hope that the information will be useful.