Cassation appeal against the verdict regarding the imposition of punishment (practice of the Second Cassation Court of General Jurisdiction)


Features of cancellation of in-person and absentee decisions

By law, court decisions are divided into in-person and absentee. The in-person decision is made in the presence of all parties and can be appealed within 1 month by filing an appeal to a higher court. Example: if the decision was made by a city or district court, then the complaint must be filed in the regional or regional court. If the global one is wrong, you need to go to the district or city.

A decision in absentia is made by the court if the defendant is absent from the hearing. In this case, according to Article 237 of the Civil Procedure Code (CPC), the defendant has the right to file an application with the court to cancel the decision within 7 days.

The application is submitted to the court that heard the case. After this, a meeting is held to discuss the possibility of overturning the decision. If the court refuses to satisfy the application, then within 1 month both the in-person and absentee decisions can be appealed (cancelled in whole or in part) by way of appeal.

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