Representation of interests in supervisory courts An appeal against the verdict in the supervisory procedure provided for by the Code of Criminal Procedure of the Russian Federation may be considered at the request of the accused or his legal representative. Such petitions are submitted for consideration to the relevant supervisory authorities.
An appeal against the verdict in the supervisory procedure is a procedure that is best to be done with the direct assistance of competent lawyers. The lawyers of our office will familiarize themselves with the case materials and help you correctly fill out the application form.
Appeal against a court decision by a supervisory authority
Representation of interests in the supervisory courts involves, first of all, the formation of the correct petition. At the same time, the authorities have the right to check all the materials of the case in full and in relation to all participants. In any case, the petition is submitted for the purpose of mitigating or revising the sentence. This can be done thanks to the legally competent approach of the specialists of our law office.
An appeal against the verdict in the supervisory procedure is taken into account by the lower court, and the instructions of the court are obligatory for application when re-examining the case. At the same time, it should be noted that the revision of the sentence in favor of strengthening the penalties is not applied.
What does the complaint include when presented in the courts of the supervisory instance?
It is important to attach a full package of certified documents, because this will save you time and cut down unnecessary bureaucracy. Such documents when appealing against the verdict in the supervisory procedure include:
- a copy of the verdict;
- copies of the decision of the court of appeal/cassation instances (if the case has passed preliminary appeals);
- other documents of the case to confirm the arguments of the petition (if necessary).
What is the verdict of the court after appealing against the verdict in the supervisory procedure? Depending on the complexity of your case, the lawyers of our law office will analyze the evidence base and will be able to present competent arguments and reflect them in the petition. After examining the submitted evidence and arguments during the appealing process against the verdict in the supervisory procedure, the judge has the right to make a decision either to refuse or to transfer the case to the appropriate instance.
When reviewing the decision of the court of the first instance or the court of cassation, the compliance of the sentence with the requirements of the Code of Criminal Procedure of the Russian Federation is taken into account and the degree of justification for changing the previous decision is also taken into account. If these requirements are violated, the verdict is subject to appeal against in the supervisory procedure.