The cassation appeal: concept, signs, structure

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modern justice system largely aims to enable anyone to prove it is his right.One of the most important mechanisms - appeal, which, under the law, has the right to submit any disagrees with the decision of the court, no matter what business - civil, administrative or criminal - he was accused of.

According to the legal terminology, appeal is made in writing one of the parties disagrees with the decision or the decision of the court and the verdict, which had not yet come into force.It is worth noting that a huge role in this procedure is played by the fact that it must be done in strict accordance with the law, with the basic requirements of the criminal procedure and civil procedure law.

cassation appeal must be filed in a strictly defined period of time.In particular, if it is served on a lower court's decision itself, the first instance, then the dissatisfied party has to meet within ten days.In other cases, this time period will be set by the court itself.It should also be noted that this complaint may be filed directly to the courts, which acts as a court of cassation, and through the body, which has already examined this case.

cassation appeal in a criminal case, as, indeed, and in other cases, should be drawn up using the basic legal terms.It is unacceptable to use any offensive or inappropriate expressions.Do not welcome excessive emotionality statements - the referee shall see that there is concrete evidence proving the correctness and not some experiences related to the failure to supply the part of the outcome of the case.The cassation appeal the judge should cause positive emotions, its main provisions should be fairly concise, but at the same time express the essence of the claims.

The structure of any appeal should include three main parts.The first of these is a brief description of the case, including a reference to the decision of the court, and which is subject to appeal.The second part contains a list of the main arguments, according to which the applicant believes the court's decision wrong.Finally, the third part requires reconsideration of the case.It should be remembered that the appeal does not involve any new evidence, it just needs to pay attention to the judges that have to fix the fact of prior court treated very casually and superficially.

Together with the complaint submitted to the court documents such as a copy of the judgment, the receipt confirming payment of fees, a copy of the complaint, which are transmitted to all parties involved in the process, as well as copies of the documents that are not available from other interested parties.

Having considered all the arguments set forth, the judge shall review on an appeal, according to which the appointed date or the new session, or the complaint will not be accepted.