Article 389.20 of the Code of Criminal Procedure of the Russian Federation

ST 389.20 Code of Criminal Procedure of the Russian Federation

1. As a result of consideration of a criminal case on appeal, the court makes one of the decisions:

1) to leave the sentence, ruling, resolution unchanged, and the complaint or presentation unsatisfied;

2) on the reversal of a conviction and on the pronouncement of an acquittal;

3) on the reversal of a conviction and on the imposition of a guilty verdict;

4) on the cancellation of the sentence, ruling, decision of the court of first instance and on the transfer of the criminal case for a new trial to the court of first instance from the stage of preparation for the court hearing or trial;

5) on the reversal of the acquittal and on the pronouncement of an acquittal;

6) on the cancellation of a ruling or resolution and on the issuance of an acquittal or other court decision;

7) on the cancellation of the sentence, ruling, resolution and on the return of the case to the prosecutor;

on the reversal of a sentence, ruling, resolution and on the termination of a criminal case;

9) about changing the sentence or other appealed court decision;

10) on termination of appeal proceedings.

2. In the cases provided for in paragraphs 1, 4, 7-10 of part one of this article, the appellate court issues an appeal ruling or resolution. In the cases provided for in paragraphs 2, 3, 5 of part one of this article, the appellate court renders a verdict. In the cases provided for in paragraph 6 of part one of this article, the court makes a verdict or issues an appeal ruling or resolution.

3. If the circumstances specified in part one and paragraph 1 of part one.2 of Article 237 of this Code are revealed, the appellate court issues an appeal ruling or resolution in accordance with paragraph 7 of part one of this article.

Commentary on Article 389.20 of the Criminal Procedure Code

1. As a result of consideration of a criminal case, depending on the established circumstances, the appellate court makes one of ten decisions.

2. If it is established that the sentence of the court of first instance is legal, reasonable and fair, and the arguments of the complaint or presentation do not provide grounds for canceling or changing the sentence, the appellate court makes a decision during a single consideration of a criminal case by a judge or a ruling during a collegial consideration of a criminal case on leaving the sentence was not changed, and the complaint or presentation was not satisfied.

3. If a significant violation of the law is committed at the stage of preparing a criminal case for a court hearing, which cannot be eliminated, when considering the criminal case, the appellate court adopts a resolution or ruling, depending on the composition of the appellate court, to cancel the verdict and send the criminal case to court of first instance from the stage of preparing the criminal case for the trial.

4. If a significant violation was committed by the court of first instance during the trial, under the same circumstances a similar decision is made, but with the referral of the criminal case for a new trial from the stage of trial in a different court composition.

5. If significant violations that impede the resolution of the criminal case are committed at the pre-trial stages, the appellate court makes the same decision and forwards the criminal case to the prosecutor.

6. If grounds are found, provided for by the criminal procedure law, for terminating a criminal case, the appellate court makes a decision to overturn the verdict and to terminate the criminal case.

7. When establishing the grounds for changing the sentence, entailing an improvement in the situation of the convicted person (reducing the scope of the charge, reclassifying the act as less serious, reducing the imposed punishment, etc.), the appellate court issues a resolution or ruling to change the sentence of the first instance court.

8. The court has the right to make a ruling or ruling to terminate appeal proceedings in cases provided for by law (for example, a complaint was filed by a person who does not have the right to do so).

9. If there are grounds for this, the appellate court has the right to overturn the conviction and issue an acquittal.

10. Also, the appellate court has the right to overturn the acquittal and pronounce an acquittal on another basis.

11. In addition, the court is given the right to overturn the conviction and issue a new conviction in accordance with the circumstances established during the consideration of the criminal case in the appellate court.

1. As a result of consideration of a criminal case on appeal, the court makes one of the decisions: 1) to leave the sentence, ruling, decision unchanged, and the complaint or presentation unsatisfied; 2) on the reversal of a conviction and on the pronouncement of an acquittal; 3) on the reversal of a conviction and on the imposition of a guilty verdict; 4) on the cancellation of the sentence, ruling, decision of the court of first instance and on the transfer of the criminal case for a new trial to the court of first instance from the stage of preparation for the court hearing or trial; 5) on the reversal of the acquittal and on the pronouncement of an acquittal; 6) on the cancellation of a ruling or resolution and on the issuance of an acquittal or other court decision; 7) on the cancellation of the sentence, ruling, resolution and on the return of the case to the prosecutor; on the reversal of a sentence, ruling, resolution and on the termination of a criminal case; 9) about changing the sentence or other appealed court decision; 10) on termination of appeal proceedings. 2. In the cases provided for in paragraphs 1, 4, 7-10 of part one of this article, the appellate court issues an appeal ruling or resolution. In the cases provided for in paragraphs 2, 3, 5 of part one of this article, the appellate court renders a verdict. In the cases provided for in paragraph 6 of part one of this article, the court makes a verdict or issues an appeal ruling or resolution. 3. If the circumstances specified in part one and paragraph 1 of part one.2 of Article 237 of this Code are revealed, the appellate court issues an appeal ruling or resolution in accordance with paragraph 7 of part one of this article.

Everything about criminal cases

- this call from the assistant judge arose due to confusion between the appeal and objections (these are different things).

I). Appeal

— the appeal contains demands to change the sentence (clause 4, part 1 389.6 of the Code of Criminal Procedure).

- the complaint is limited by a strict deadline (10 days from the date of the verdict) for appealing the verdict.

- if a complaint is not filed, it is no longer possible to demand a change in the sentence (this does not block the opportunity to appeal to cassation, but at the appeal stage, demands can no longer be put forward).

II). Appeal objection

— objections (389.7 Code of Criminal Procedure) are intended to provide counterarguments to the arguments contained in the opponent’s appeal.

- that is, this is not an independent document - but a dependent one, in the sense that you can “fight back” in it, argue with those aspects that the opponent cited in his complaint. But only to “fight back”, and not to challenge the verdict. Objections to an appeal are a written discussion with the opponent, but strictly within the framework of what the opponent wrote.

- objections cannot be used to introduce any demands, because the period for appeal (Part 1 389.4 of the Code of Criminal Procedure) has already expired.

If you confuse a complaint with an objection, what are the consequences? ?

- in such a situation, when a person indicates in his objections - not counter-arguments against the opponent’s complaint, but actually writes his own appeal, then the following will happen:

- the appellate court has every right not to consider the arguments contained in the objections and beyond the scope of the “discussion” at all.

- a nuance, the appellate court is not bound by the scope of anyone’s complaint and can make any decision (for improvement) and examine any arguments (clause 17 of Plenum No. 26).

- the difference is that he is obliged to consider the arguments of the appeal, but he is not obliged to consider the arguments of the objection (which go beyond the scope of the discussion).

It is not necessary to withdraw erroneous objections

- the court employee is right in the sense that objections are not an appeal.

- that is, his demands are legal, in the sense that he requires formal compliance with the requirements of Part 1 389.4 of the Code of Criminal Procedure (that after 10 days you can no longer file an appeal, your objections are essentially a full-fledged complaint).

- but at the same time, his demands are unreasonable, because you are not required to know such subtleties of the process, and you have the right to write whatever you want.

- that is, you are not obliged to take anything, you don’t have to take it - and this will not entail absolutely no consequences (the norm of Part 4 389.6 of the Code of Criminal Procedure on returning back is intended only for a complaint).

— the presence in the objections of conclusions that go beyond the requirements of the Code of Criminal Procedure, in principle, does not create a problem for the court (does not put it in a difficult situation), that is, you are not abusing the right and are not “twisting” anyone’s hands.

- Or you can meet halfway and take it, I don’t see any fundamental difference.

Arguments can be presented in court

- if you take it, you can present arguments in court (at the moments provided for in Part 4 389.13 of the Code of Criminal Procedure and 389.14 of the Code of Criminal Procedure).

Legal advice under Art. 389.20 Code of Criminal Procedure of the Russian Federation

there was a civil trial. we lost it. within a month they filed an appeal. They lost there too. a cassation has now been filed. Has the decision of the court of first instance entered into legal force?

Question answered over the phone

Nadezhda Belousova

A cassation appeal is filed against... an appeal ruling? the court's decision?

The cassation instance reviews court decisions that have entered into legal force; a cassation is filed if after an appeal (in any case).

Valentina Putin

does the decision of the appeal court come into force if we want to file a complaint with the supervisory court?

Evgeniy Abroshin

Hello! Tell me, can the board of appeal overturn the decision of the first instance court if...

She can’t, but she must. Part 4 Art. 270 of the Arbitration Procedure Code of the Russian Federation 4. The grounds for canceling the decision of the arbitration court of the first instance in any case are: 1) consideration of the case by the arbitration court in an illegal composition; 2) consideration of the case in the absence of anyone...

Sergey Selevachev

Review of a sentence by an appellate court

Maria Kuzmina

The court's decision. Does the new decision of the appellate court negatively affect the judge of the first instance?

They have some kind of certifications there, they take exams, and in general the rating is taken into account. Affects. These are indicators of her work.

Alexey Krasnopoyas

Appealing a court decision

To a higher court of appeal. Prepare an appeal to a higher court. Since you were not notified of the time and place of the court hearing, at the same time when filing a complaint, submit a written request for reinstatement...

Boris Kadochnikov

The appellate court CANCELED the decision of the first instance court and sent the case back there for a new trial. Where will the new trial begin? You can congratulate me today there was a second hearing in the appeal - CANCELLATION of the decision of the first instance court on missing the deadline for filing a lawsuit

Same as before, just with a different judge. How much time did you miss and the reason for missing. I'm facing the same situation

Ilya Gostyushin

The appellate court overturned the decision of the first instance court and is considering the case on its merits; the plaintiff has the right to supplement the claim. requirements?. reinstatement at work may complement the compulsion to pay insurance premiums not paid for the employee? or about being forced to issue work-related documents? st 62 tk

No. In accordance with paragraph 4 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, new demands that were not the subject of consideration in the court of the first instance are not accepted and are not considered by the court of appeal.

Marina Matveeva

In a supervisory appeal we want to protest the decision of the appellate court

Well, how are you going to write to the Supreme Court without knowing the procedure for appealing under the Civil Procedure Code? You won't be able to cope without a lawyer. Has the Supreme Court considered your appeal?

Roman Durnov

If a court case is considered in the cassation court, can the decision of the appellate court be implemented?

Yes maybe.

Ilya Chesnov

What is the procedure for appealing a decision of the appellate court? Driver's license is revoked.1. The magistrate court found me guilty and deprived me of my rights for 4 months.2. After filing an appeal, the District Court did not take into account mitigating circumstances and left the decision of the Magistrate Court unchanged.3. Now I already admit my guilt and repent of what I did, I want the decision to be reviewed and the court to issue a fine. Questions: A. Where and what should I apply for to have my sentence commuted and a fine issued? B. How long can I appeal the District Court's decision? Q. Can I hand over a temporary driver's license to the traffic police and continue to pursue a legal case to appeal the court?G. To which traffic police department can a temporary shelter be handed over - at the place of deprivation or at the place of registration? D. How long can you still drive the vehicle after the decision of the District Court is made?

The lawyer’s answer:
it should have been recognized immediately or as in the appellate instance. The next step is cassation, but only the correctness of the conclusions of the court of first and appellate instances based on the case materials is considered, i.e., only what is already in the materials and re-evaluation of the court’s conclusions based on newly discovered circumstances is not within the competence of the cassation instance.

Maxim Berestnev

What judicial act will the appellate court adopt based on the results of consideration of the complaint? The debtor in liquidation applied to the court to declare him bankrupt. The Arbitration Court of First Instance accepted the application, while simultaneously introducing a monitoring procedure. The debtor appealed the ruling on appeal.

Lawyer's answer:
On the acceptance of the appeal, the arbitration court of appeal issues a ruling that initiates proceedings on the appeal (Article 261 of the Arbitration Procedure Code of the Russian Federation). The arbitration court of appeal, having established, when considering the issue of accepting the appeal for proceedings, that it was filed in violation of the requirements established by Article 260 of this Code, issues a ruling to leave the appeal without progress (Article 263 of the Arbitration Procedure Code of the Russian Federation). A ruling is also made to return the appeal (Article 264), to terminate the proceedings (265), etc. But based on the results of consideration of the appeal, the arbitration court of appeal adopts a judicial act called a DECISION, which is signed by the judges who considered the case (Article 271).

Vadim Nekhoroshkov

Please tell me within what time frame can I appeal the decision of the district court? In such a situation, the magistrate’s court deprived me of my rights, appealed to the district court, it left the decision of the magistrate’s court unchanged, within what time frame can I appeal the decision of the district court to the regional court? I heard somewhere that within a month this is true?

If I’m not confused—10 days from the date of the decision.

Lidia Polyakova

For what reasons does the trial court have the right not to accept or send an appeal against its decision to the appellate court?

violation of filing deadlines, non-compliance with legal requirements

Dmitry Pustoroslev

How to challenge the decision of the court of first instance?:)))))))) gr case. It’s the funniest thing, because I didn’t want to challenge it, but what if?

In the court of appeal

Zoya Borisova

When a new court decision is made by the appellate instance of the regional court, the case is returned to the district court? Taking into account the changes in the Civil Code of January 1, 2012, if the regional court overturned the decision of the district court judge and adopted a new one, should a copy of the ruling or writ of execution now be requested from the regional or district court? Does the case itself return to the district court or remain in the regional court?

The regional court must give you a ruling, thereby canceling the decision of the district court.

Klavdiya Vasilyeva

There was a trial. Made a decision. How many times can you challenge a court decision...

what court of instance? generally the first, appeal, cassation, supreme and everything from the beginning.

Liliya Belousova

Is it possible to challenge the decision of the regional court of appeal and in what instance?

An appeal decision can be appealed in cassation within 6 months from the date it entered into legal force

Vyacheslav Varlamov

3. The organization filed an appeal against the decision of the arbitration court of first instance ///. The organization filed an appeal against the decision of the arbitration court of first instance, omitting the established part 1 of Art. 259 of the Arbitration Procedure Code of the Russian Federation, the deadline for its submission and the absence of a petition to restore the missed deadline. Is this a basis for the court to return the appeal?

Lawyer's answer:
Article 264 of the Arbitration Procedure Code of the Russian Federation. Return of the appeal 3) the appeal was filed after the expiration of the deadline for filing an appeal established in this Code, and does not contain a petition for its restoration or the restoration of the missed deadline for filing an appeal was refused.

Petr Pankrushin

What determination will the appeal make? (general court). The court of first instance satisfied the claims for termination of the purchase and sale agreement. In the appeal, the defendant refers to a violation of the pre-trial claim procedure. As it turned out, the case materials do not contain a pre-trial claim. What determination will the appeal make if it really turns out that the pre-trial order was not followed?

Most likely, the complaint will be satisfied, the decision of the court of first instance will be canceled and you will have to settle the dispute before the court

Dmitry Turkovsky

An appeal against the decision of the district court was filed to the appellate instance. Can the appellate court

If in the claim to the court of first instance the amount of such claims was stated, then maybe, if not, then not. Art. 327.1 Code of Civil Procedure of the Russian Federation 4. New demands that were not the subject of consideration in the court of first instance are not accepted and are not...

Zhanna Titova

Now a cassation complaint is not filed against the decision of the court of first instance, but an appeal? Today I filed a Cassation Appeal... Now a Cassation Complaint is not being filed against the decision of the court of the first instance, but an Appeal? Today I filed a Cassation. In my claims, I asked the district court to remove my now former and adult children from the passport registration register, cat. went to live in another city. I can’t, I’m not able to pay utility bills. I can’t apply for SUBSIDS to the Administration. They led an immoral lifestyle: a center of vices, sex from 14, drugs. Therefore, scandals began. I didn’t give them “life,” although from infancy I raised them as a single father at the highest standard. Yes, until I became sick, old, and poor. They went to live with their mother, who had not paid child support for 18 years and had illegally evicted them from state housing. Mom is young, healthy, rich. I was left on the side of life's path.

Lawyer's answer:
Article 330. Grounds for canceling or changing a court decision on appeal [Civil Procedure Code of the Russian Federation] [Chapter 39] [Article 330] 1. Grounds for canceling or changing a court decision on appeal are: 1) incorrect determination of circumstances, relevant to the case; 2) failure to prove the circumstances relevant to the case established by the court of first instance; 3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the case; 4) violation or incorrect application of substantive law or procedural law. 2. Incorrect application of substantive law is: 1) non-application of the law to be applied; 2) application of a law that is not subject to application; 3) misinterpretation of the law. 3. Violation or incorrect application of procedural law is grounds for changing or canceling the decision of the court of first instance, if this violation led or could lead to the adoption of an incorrect decision. 4. The grounds for canceling the decision of the court of first instance in any case are: 1) consideration of the case by the court in an illegal composition; 2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing; 3) violation of the rules on the language in which judicial proceedings are conducted; 4) the court makes a decision on the rights and obligations of persons not involved in the case; 5) the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or judges who were part of the court that considered the case; 6) absence of the minutes of the court session in the case; 7) violation of the rule on the secrecy of the meeting of judges when making a decision. 5. If there are grounds provided for in part four of this article, the appellate court considers the case according to the rules of proceedings in the court of first instance without taking into account the specifics provided for in this chapter. On the transition to consideration of the case according to the rules of procedure in the court of first instance, a ruling is issued indicating the actions that must be performed by the persons participating in the case and the time frame for their completion. 6. A decision of the court of first instance, which is essentially correct, cannot be canceled for formal reasons alone.

Yuri Svishch

Which body reviews the court's verdict in a criminal case of high treason in the appellate instance?

The superior, depending on what was in the first instance.

Inna Krylova

Which body reviews the court's verdict in a criminal case of high treason in the appellate instance???

We study poorly

Yaroslav Maryasov

How to challenge the decision of the appellate court???.. In the court of first instance, we, as the defendant, won, the plaintiff filed an appeal and the appellate court satisfied it. WE AS RESPONDENTS NEED WHAT TO DO, IS IT POSSIBLE TO CHALLENGE THE DECISION OF THE COURT OF APPEALS???

You can file a cassation appeal to a higher court.

Anastasia Romanova

The appellate authority can overturn the court's decision and make a new one. Can such a thing be “dismissed in a lawsuit” with a new decision? My lawyer believes that the appellate court is obliged to make a new decision and that in practice the court does not make a new decision with the wording “to deny the claim.” Or is this still possible?

Without going into details, according to the procedural code, he has the right. The court has the right to do so without regard to your case. “Perhaps” depends on the merits of the case and the arguments of the parties to the case.

Larisa Danilova

How much time does the defendant have from the moment the court decision is upheld to file a second appeal? I won a court case against an individual, about which I have a decision, but the defendant filed an appeal. The higher court upheld the court's decision. The question is: when does the original decision take effect? How much time does the defendant have after the second trial to file another appeal?

the decision has already entered into legal force. Wait for the case to return to the court of first instance, receive a writ of execution and submit it to the bailiffs.

Natalia Stepanova

The district court of first instance made a decision that affects my interests.

file an appeal, indicating which rights were violated and how. What is your status in court?

Igor Ovdey

Should the appeal against the decision of the court of first instance be submitted to the office of the court of first instance for transfer to the court of appeal?

You can send it to the court of first instance by registered mail with notification.

Timur Panfilyev

From what moment does the decision of the cassation court cancel the decision of the appellate court? see explanations. The decision of the arbitration court is enforced after it enters into legal force, with the exception of cases of immediate execution, in the manner established by the Arbitration Procedure Code of the Russian Federation and other federal laws governing issues of enforcement proceedings (Part 1 of Article 182 of the Arbitration Procedure Code of the Russian Federation). According to paragraph 1 of Art. 180 of the Arbitration Procedure Code of the Russian Federation, the decision of the arbitration court of the first instance enters into legal force: after the expiration of a month from the date of its adoption, if an appeal is not filed, from the date of adoption of the decision of the arbitration court of appeal, in the event of filing an appeal (unless the decision is canceled and not changed). The decision of the arbitration court of appeal comes into force from the date of its adoption (clause 5 of article 271 of the Arbitration Procedure Code of the Russian Federation). In accordance with Art. 273 of the Arbitration Procedure Code of the Russian Federation, persons participating in the case have the right to appeal, in cassation proceedings, the decision of the arbitration court of the first instance, which has entered into legal force, with the exception of decisions of the Supreme Arbitration Court of the Russian Federation, and (or) the decision of the arbitration court of appeal in whole or in part. Thus, the decision of the arbitration court of the appellate instance can be appealed to the arbitration court of the cassation instance (clause 6 of article 271 of the Arbitration Procedure Code of the Russian Federation). According to clause 5 of Art. 289 of the Arbitration Procedure Code of the Russian Federation The resolution of the arbitration court of the cassation instance comes into force from the date of its adoption. So, if at first two instances: the 1st instance and the appellate instance were won and income in the form of penalties receivable under the contract was accrued in the accounting, and then a complaint was filed with the cassation instance and the court overturned the decision of the appellate instance, then from what moment is it necessary to REVERSE previously accrued income? From the moment the Decree of the cassation instance came into force OR from the moment when the decision of the appellate instance came into force?

IMHO, from the moment when documentary evidence of the need for reversal appeared, that is, from the moment the decision of the cassation authority was made

Diana Veselova

How to qualify significant typos in a judicial act, for example, an appellate decision? The decision deliberately changed the date, specifically the year. Based on the incorrectly specified date, the court makes its decision, which is naturally incorrect. What can be done about this and how to properly file a cassation...?

Lawyer's answer:
It is necessary to submit an application to correct typos in the original decision. As I understand it, a typo is not such only in words. No one admits to the intent to distort, so this is a legal typo, and everything else is fantasy. So you correct the initial decision, then file an application with the court for the final decision based on newly discovered circumstances. That's all.

Olesya Volkova

Is the decision of the court of first instance considered to have entered into force if it is appealed to the court of appeal? court decision dated 02/07/13. is being appealed in the regional court, on the website of the district court the status is: DATE ENTERING INTO FORCE: being appealed. (Complaints about illegal actions (absence) - of state authorities, local government bodies (Conscription Commission). The regional court will be held on 04/11/13. Does this mean that until the decision of the appeal court is made, all actions of the military registration and enlistment office since 04/01/13 are illegal ?

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No. 174-FZ dated December 18, 2001

Current edition

(All articles)
Section 389.20. Decisions made by the appellate court