Cassation instance, cassational appeal

Every citizen of Russia should know that in addition to the well-known court there is also a cassation instance. What is it and why is it needed, what does it do and in what cases should it be addressed to this judicial body? Immediately, it should be clarified that this organization is also a court, only considering only those cases, judgments on which have already been pronounced.

However, someone judged the decision was wrong or unfair. As a result, the case is raised again. The reason for this are complaints about sentences until they acquire legal force.

Cassation complaints are also written by people who are dissatisfied with the resolution and determination of courts of first instance or courts of appeal. Criminal cases are considered by three judges of federal courts. The cassation instance of one of them elects the chairman of the court.

A convicted person or his legal representative, justified or defender, public prosecutor (as an option - superior prosecutor) or the victim may appeal the court decision. If part of the judgment concerns a civil action, the cassation instance may also receive a complaint from the civil plaintiff or defendant.

A cassation appeal to an arbitration court is reviewed by the body that ruled the verdict, as well as made any other decision. In what cases can you file a cassation complaint?

Cassation appeals are submitted for decisions or sentences handed down by the district courts of first instance and the appellate courts. In this case, they are considered by the body of the judicial board, specializing in the work on criminal cases. Complaints are submitted for sentences passed by regional, regional or republican Supreme Courts. Decisions of the courts of St. Petersburg and the capital of Russia, autonomous regions and districts can also be reviewed. These complaints are considered by the Judicial Board - the court of cassation, which is engaged in the revision of criminal cases.

Cassation can be filed and the verdicts passed by the Judicial Collegium itself, which is being submitted to the Court of Cassation. In this case, the review is conducted by the court of cassation . The sentences of military courts are reviewed by a higher military court. Such cassation must be filed by the party not later than 10 days from the moment the sentence was pronounced.

If the convicted person is in custody, his sentence may be appealed within the same period, starting from the date when he received a copy of the sentence. During this period, the matter is not subject to reclamation from the court. If the case is not appealed on time for a reason that is valid, then the court or the court of cassation may, at its discretion, restore the deadline at the request of the person. This petition is considered by the judge, who was the chairman during the court session on the criminal case in question. The Court of Cassation must necessarily begin consideration of the case within a month from the day it received it.

He is engaged in verifying the verdict or other decision on his compliance with the law and justice, verifies whether he is justified. If the criminal case is considered in cassation, it is possible to mitigate the punishment or to apply an article on a less serious crime. In no case the court can not strengthen the punishment.

The court of cassation may cancel the acquittal or, vice versa, conviction in the event that it is necessary to impose a more severe punishment, as well as in cases regulated by the Russian criminal code.

The verdict is canceled or changed most often due to inconsistency of the conclusions indicated in the verdict, to the actual circumstances of the criminal case. Also, the verdict is revoked in proving the fact that criminal law was misused and the criminal code was violated. As a result, in this case - the injustice of the verdict and the request for a review of the case.