every Russian citizen should be aware that in addition to the well-known and there is still a court of cassation.What is it and why it is needed, is doing what and in which cases should be referred to the tribunal?Immediately it should be clarified that the organization - the same court, but considers only those cases in which sentences have already been passed.
But someone judgment seemed wrong or unfair.As a result of the case is raised again.The reason for this are complaints about the sentences until they acquire legal force.
also written appeals by people dissatisfied with the statutes and judgments of courts of first instance or appellate courts.Cases are considered criminal by three judges of the federal courts.The court of cassation shall elect one of them the Chief Justice.
The convict or his legal representative, defender or acquitted, the public prosecutor (as an option - senior prosecutor) or the victim may appeal against the judgment.If part of the judgment regards a civil action, the court of cassation may take the complaint also on the civil plaintiff or the defendant.
appeal to the Court of Arbitration considered authority that passed the sentence, as well as rendered any other solution.In some cases, you can lodge an appeal?
Cassation appeals lodged against decisions or sentences that are handed down by the district courts of first instance and appellate courts.In this case, they consider the judicial college, which specializes in working on criminal cases.Complaints submitted to the sentences imposed on provincial, territorial or republican Supreme Courts.There may also be reviewed decisions of the courts of St. Petersburg and the Russian capital, autonomous regions and districts.These complaints are dealt with judicial board - the court of cassation, dealing with the revision of criminal cases.
cassation may be filed and sentences imposed on the judicial colleagues who served in the appeal board.In this case, the revision leads the appeal court.The verdicts of military courts are reviewed by a higher military court.Such revocation must be filed by the parties not later than 10 days from the moment the sentence was declared.
If the convicted person is in custody, and that his sentence may be appealed during the same period, starting the countdown to the number, when he was handed a copy of the verdict.During this period, it is not subject of a claim out of court.If the case is not appealed in time for a reason which is valid, the court or the court of cassation may choose to restore the deadline at the request of the person.The request is considered by the judge, who was chairman during the trial of this criminal case.The Court of Cassation must necessarily proceed with the consideration of the case within one month from the day when it came to it.
It verifies the verdict or other decision on its compliance with the rule of law and justice, examines how it is justified.If the criminal case is considered on appeal may mitigate the punishment or the application of article on a less serious crime.In no case, the court can not strengthen the punishment.
Court of Cassation could be made the abolition of acquittal or, conversely, a conviction in the case, if you want to assign a more severe punishment, as well as in the cases regulated by the Criminal Code of Russia.
canceled the verdict or changes often due to the mismatch of the conclusions set out in the judgment, the actual circumstances of the criminal case.Also canceled the verdict in the proof of the fact that the criminal law was the wrong application and has been broken the criminal code.As a result, in this case - the injustice of the verdict and appeal for a retrial.
