Legal encyclopedia. The letter a

APELLATION INSTANCE.

Court AI.

Verifies on appeal and representations the legality, validity and fairness of the verdict and ruling of the magistrate.

Appeal proceedings are considered to be an effective remedy, since the parties have the right to initiate a procedure for appealing against a decision that does not depend on the discretion of the public authorities.

The procedure for verifying the legality and validity of a sentence, ruling or ruling of a court should be such that the higher court does not interfere with the prerogatives of the court of first instance, without violating the principle of independence of judges and subjecting them only to law, and at the same time securing the rights and interests of all participants in the process.

The order of revision of sentences must provide the above goals and prevent unjustified delay

Execution of the court decision, unjustified complaints, appeals to various judicial instances and repeated review of the verdict.

The trial in AI's court presupposes an examination of the appellate complaints and representations of the correctness of the facts of the criminal case established in the verdict or ruling of the justice of the peace and the application of the criminal law.

Unlike the cassation instance, the appellate court decides the case on the merits in accordance with the rules of procedure in the court of first instance.

The consideration of criminal cases in appellate procedure is carried out by a judge of the district court alone.

The prerequisite for appellate review is a complaint or representation of the person concerned.

An appeal or presentation must contain:

1) the name of the court of AI, to which a complaint or representation is submitted;

2) information about the person who submitted the complaint or presentation, indicating his procedural status, place of residence or location;

3) an indication of the sentence or other judicial decision and the name of the court, its decree or rendered;

4) the arguments of the person who filed the complaint or presentation, and evidence substantiating his claims;

5) a list of materials attached to the complaint or presentation;

6) signature of the person who filed the complaint or presentation.

The sentence is considered to have entered into force. The party has the right to present new materials to the court or to apply for a summons to the court of witnesses and experts mentioned by it in support of the grounds of the complaint or submission or of objections to the complaint or submission of the other party.

If the complaint complies with the law, the judge is obligated to notify

The relevant participants in the court proceedings on the complaint or submission submitted, as well as sending them copies of these appeals.

The preparation of the court session of AI should be completed in accordance with the statutory deadline for the commencement of the case, which is equal to 14 days. After observing all

Requirements regarding the complaint and the existence of grounds for reviewing the decision, having examined the criminal case, the judge issues a resolution on the appointment of the court session, which resolves the following issues:

1) the place, date and time of the beginning of the consideration of the criminal case;

2) on calling witnesses, experts and other persons to the court session;

3) on preservation, on election, cancellation or change of preventive measure in respect of the defendant or convicted person;

4) on the consideration of the criminal case in a closed court session. At the same time, the parties are notified of the place, date and time of consideration of the criminal case.

Absence of persons who did not file a complaint against the verdict of the court of first instance does not prevent the consideration of the criminal case and the passing of a decision.