Legal Encyclopedia. The letter K

The appeal decision.

AT

a result of the criminal proceedings in the cassation court in the conference room takes one of the following decisions:

1) upheld the judgment, and an appeal or protest - without satisfaction, if you check every argument cassation appeal and protest and after studying the matter in the audit procedure, the court finds that:

a) the sentence is legal and justified;

b) appeal the base there, but canceling or changing a judgment prevents the prohibition of conversion for the worst;

2) to cancel the verdict and refer the case for a new investigation or a new trial. Thus, the court may proceed if any of the cassation grounds (for example, the incompleteness of the investigation, the need to apply the law on a more serious crime, in violation of the accused's right to defense). If you cancel the sentence and direction

the case for a new investigation or a new trial court linked the ban to transform the worst.

Cancel the sentence, the court of second instance, depending on what stage of the process it is possible to eliminate the revealed violations of them, give binding instructions on how to what stage of the process should be started the proceedings. To review the new case is sent to the court which passed the sentence, but with a different composition, or to another court.

Cancel the sentence, the court not only finds its illegality and invalidity, and shall at the same time help to correct, in accordance with the law of the resolution of the case at its new investigation or examination.

KO specify: what requirements violated articles of the law, and what are the violations, or what is the invalidity of the judgment, and the circumstances which are subject to detection;

3) cancel the conviction and dismiss the case:

a) on the grounds provided by the CCP. However, if as a result of changes

qualification of a crime by a court of second instance becomes necessary the use of amnesty or statute of limitations detected criminal liability is not terminated, and the decision on the sentence change: higher court releases a convicted person from punishment, the use of which involved the conviction;

b) if the evidence considered by the Court of First Instance brought against the defendant and the prosecution has not been confirmed there are no grounds for further investigation and a new trial. The case is terminated, provided that it is not possible to obtain

additional evidence.

Cancel the verdict and dismissal may be partial: in respect of some of those convicted (eg, if it is determined that the actions of some of them, there is no crime), or in respect of certain charges episodes in which the defendant is found guilty;

4) change the sentence: change the legal qualification of the criminal activities of the convicted person, or (and) the punishment.

Change the sentence is only possible in compliance with the Court the following conditions: without the aggravation of the situation of the convicted person (ie the ban transformation for the worse), without making such changes, which would be based on circumstances or not they rejected the evidence established by the trial court.

KO - decision of the court of second instance, adopted on the basis of checking the legality and validity of the appealed or

protested the sentence, which has not entered into force. It serves as the challenges facing the appeal.

The value of CF is not limited to the criminal case, in which adopted this definition.

KO contained therein analysis rule of law, as well as the evidence of the case, the instructions of the court of second instance, reasoned analysis of the arguments cassation appeal and cassation promotes professional growth of judges, investigators, prosecutors, the acquisition of practical skills in the application of standards rights, their correct understanding, promotes the formation of their sense of justice, and thus improves the quality of

preliminary investigation, investigation, justice, prevention of violations of the law in the activities of judges, investigators, prosecutors.

Not entered into force sentence may be canceled or changed only KO It has an introduction, descriptive, and the operative part.

Content KO by law. It should contain:

1) the date and place of the determination;

2) the name and composition of the appeal board;

3) data about the person who filed a cassation complaint or representation;

4) information on the persons involved in criminal proceedings in the court of cassation;

5) a summary of the arguments of the person who filed the complaint or representation, as well as other objections l egg, participated in the appeal hearing;

6) reasons for the decision;

7) The decision of the court of cassation complaint or representation;

8) decision on the measure of restraint.

If you cancel or change the judgment

points to:

1) violation of the Code of Criminal Procedure regulations to be eliminated under the new trial;

2) the circumstances leading to the appointment of an unjust sentence;

3) foundation cancellation or change penalty.

KO is signed by all the staff of the court and shall be announced in the courtroom after the return of judges from the deliberations room.

Before retiring to the deliberation room, the court announces the time of announcement of the KO, which should be no later than 3 days after the end of the meeting of the court of cassation in the criminal case.

KO within 7 days from the date of its issuance is sent together with the criminal case for the execution of the court that passed the sentence.

KO, according to which the convicted person shall be released from custody, is executed in this part immediately if the convicted person is involved in the appeal hearing.

In other cases, a copy of the CF or an extract from the operative part of the KO in his release from custody is sent to the administration of the detention facility

for immediate execution. the cassation court instructions obligatory for execution under the new criminal proceedings.