The end of the trial and the pronouncement of a verdict in the case under consideration do not always mean that for all parties to the process everything is over and they can breathe easy. However, it will be possible to breathe only if both parties are satisfied with the decision made and do not intend to challenge it, which does not happen so often. So, the dissatisfied party filed an appeal, which they hastened to notify you of by registered mail, in which they immediately offered to write an objection. The first reaction of a person who does not have a legal education is confusion: what is an objection to an appeal, how to draw it up, to whom to submit it, and in general – is it worth doing? Below we will try to answer the most frequently asked questions.
Commentary on Article 389.7 of the Code of Criminal Procedure of the Russian Federation
1. Subject to the provisions of Art.
389.1 the convicted person, the acquitted person, their defenders and legal representatives, the state prosecutor and (or) the superior prosecutor (if he sent an independent presentation), the victim, the private prosecutor, their legal representatives and representatives, the civil plaintiff, the civil defendant are notified of the submitted appeals and presentations. , their legal representatives and representatives (in case of appealing the decision regarding the civil claim), as well as other persons if the appealed court decision affects their rights and legitimate interests. A complaint or presentation is considered to affect the legitimate interests of these persons if they state demands and present arguments that are contrary to their interests.
2. The deadline for filing objections to a complaint or presentation is established by the court that made the appealed decision, outside the time frame for consideration of the criminal case in the appellate court, provided for in Art.
389.10, which amount to 15, 30, 45 days, because these periods begin to be calculated only from the date of receipt of the complaint or presentation specifically to the court of appeal. At the same time, within the meaning of the law, the duration of that period of time, not regulated by law, during which the case, together with the filed complaints or presentations, remains in the court of first instance, awaiting sending to the court of appeal along with the submitted appeals, presentations, largely depends on the timing of filing objections and objections to them (Art.
389.8). In any case, it must be reasonable and sufficient for preparing and filing objections.
According to the instructions of the Constitutional Court of the Russian Federation, the period during which the other party may file written objections to a complaint or presentation is determined by the court when notifying the relevant participants in criminal proceedings about the complaint (representation) brought on the basis of the principle of reasonableness of time, taking into account the date of receipt of the complaint or presentation, legal and the factual complexity of the criminal case and other circumstances that could affect the determination of this period. In this case, the deadline for filing objections to the complaint must be comparable to the deadline established for filing the complaint or presentation itself.
Submission deadlines
According to Article 325 of the Code of Civil Procedure of the Russian Federation, the filing deadlines are set individually by the civil court of first instance. The corresponding notice is sent along with the appeal by registered mail.
The court determines the exact period that is sufficient to think over and transfer the necessary documents to the participants in the process. In most cases, the period does not exceed one month.
Similar deadlines and filing procedures are established for revocation in arbitration cases.
It is possible to submit an application after the expiration of the deadline - the court will accept the document and consider it without fail. However, such delays by default mean prolongation of the consideration of the case.
Procedural law allows participants in a trial to express disagreement directly at a court hearing.
Objection to the appeal
To begin with, I propose to understand what an appeal is. If the court, as a result of a criminal or civil trial, has made certain decisions that have not yet entered into legal force, then they can be appealed using a document such as an appeal.
There is also such a thing as a full appeal. In this case, there is a complete review of the case from the very beginning.
The review procedure is carried out in accordance with the rules established for courts of first instance. However, if a certain individual is categorically against an appeal process of this nature being carried out, he can file an objection to the appeal.
Such a document is submitted to the court for consideration. In order to give a document legal force, it must contain references to relevant legislative acts.
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An objection to an appeal in a criminal case must be accompanied by documentation confirming the legality of the words written by the plaintiff.
How to properly formulate an objection
The structure of an objection is similar to any standard statement. First of all, you need to fill out the upper right corner of the sheet.
The name of the court is written in the very top line. The exact name of the authority must be indicated.
Next, the line below displays the surname and initials of the individual who is filing the objection. In addition, you must indicate the address where the plaintiff currently resides.
After this, you should retreat a little space and write the name of the document in capital letters in the center of the new line. In this situation, this is an objection. Then the line below indicates that this is an objection specifically to the appeal. Thanks to this clarification, the judge will immediately understand what issue he has to deal with.
Then from the paragraph you can indicate the main information. An objection drawn up for the purpose of canceling an appeal must contain the following information:
- About the decision made. First of all, the day, month and year when the decision was made on a particular case is entered. It is also necessary to indicate whether the case is criminal or civil. Next is the name of the court. After this, the last name, first name and patronymic of the individual who acted as the plaintiff in this case are displayed. Then the same information is written down, but only about the defendant. And the last thing that needs to be added to this block is the essence of the claims.
- About the appeal. In this block of objections it is necessary to clarify how things stood with the claims. There are two possible options - either they were satisfied or not. Next is the date when the appeal against a certain decision was filed. Then you must indicate the last name, first name and patronymic of the individual who submitted this document. You should also write down what specific requests were expressed through the complaint filed against the relevant court decision.
- Objection. After you have already described how the situation is using the two previous blocks, you can proceed to writing the objection itself. The plaintiff needs to list as clearly and concisely as possible the facts for which he believes that the arguments of the complaint are unfounded. If there are any incorrect circumstances indicated in the complaint, then this must be reported. It may also be that the individual who filed the original complaint interpreted certain statutes in a legally incorrect manner.
- About judicial findings. It is also worth writing that the court’s conclusions were made objectively, and they were made based on evidence relevant to the case. In addition, it must be clarified that the court correctly established all the circumstances that had legal value for the consideration of the case. Then it is worth writing whether a proper assessment was made regarding the evidence. The numbers of articles that were directly related to the case are also written down.
- About arguments. In addition, you will need to write information about the arguments that were given as justification for the appeal. It should be noted that the court verified these arguments. Then the plaintiff must state that the court did not agree with them as a result and this was done justifiably.
The plaintiff must write that, in his opinion, there are no grounds on which the appeal could be satisfied, and accordingly, it is not worth canceling the court decision.
Formulation of a request and list of documents
After all the basic information has already been written, the applicant can proceed to display his goals for which he is drawing up this document. This is done in the form of requests.
You need to indicate the numbers of legislative acts that govern the individual, and then in the middle of the line write a word such as “I ask,” put a colon and display a list of requirements.
In this case, the main request is that the decision already made by the court be left without any changes. Do not forget to again indicate the day, month and year when this decision was approved. It is also additionally indicated that the appeal should be left unsatisfied.
However, that's not all. In order to give the objection legal force, documentation must be attached to it.
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You must remember to list the names of these additional documents in the objection itself (in the “list of attached documents” block). This list must include a copy of the objection itself.
In addition, any other documents that can be used to confirm the plaintiff’s objections to the complaint are attached.
I remind you that the objection must be signed. In addition, on the right side of the signature there must be the date of filing the document.
Rules of law
Reflection in the legislation of the main points on the appeal presentation of the prosecutor is contained in Article 389.6 of the Criminal Procedure Code of the Russian Federation. The article regulates the basic procedure for filing a complaint and its content.
The appeal must include:
- court details;
- information about the person who made the submission;
- an indication of the verdict of the court that resulted in the complaint;
- reasoned facts on appeal of a court decision;
- materials required for appeal;
- signature of the person filing the complaint.
The article defines that any claim, including the prosecutor’s submission, must be drawn up in accordance with legal rules, otherwise this document will not have legal force.
How to raise and file an objection to an appeal in a criminal case in Russia
An objection to an appeal from a victim in a criminal case can be submitted directly during its examination, but a protest raised in advance will help achieve the desired outcome. During a criminal case, situations often occur when court decisions made in the case do not satisfy either party.
Because of this, after the period for appeal has expired, the victim, defendant, or other person submits an appeal to the judge for judicial review of the case. Other parties to the process, upon receiving notice of the submitted complaint, can support the review of the case or file objections.
When and to whom to submit?
An objection may be sent within the period determined by the judicial department and structure specified in the notice of sending an appeal protest in the case.
Disagreement with the appeal is sent to the court office where the original verdict was announced. They are considered by the courts of second instance. Sending an appeal statement during criminal proceedings is allowed no later than 10 days from the date of announcement of the court verdict.
For a convicted person in prison, the time for filing an appeal is counted from the moment he is given a copy of the verdict.
Lost time to submit an appeal request is allowed to be restored only if there are compelling reasons confirmed by the applicant when registering the complaint.
The legislation does not provide for actual deadlines for sending reviews, but obliges the court to establish them when notifying the persons involved in the case.
Note. The number of copies of disagreement with the appeal must be equal to the number of persons involved in the process plus a copy for the court.
Objection or review
The convicted person, based on the laws of the Russian Federation, is capable of contradicting the appeal transferred from the guilty person, without reaching an agreement with the opinions provided and not wanting the indicated sentence to become softer or completely canceled.
This requires that:
- The victim formulated his thoughts on specific points of the appeal.
- Whenever possible, provided substantiated reasons for your documentation.
The entire essence of the response to the appeal must be presented intelligibly and clearly. When appealing a decision, the victim or defendant presents new evidence from the trial that was not taken into account during the first consideration.
Any participant in the procedural case receives photocopies of the cassation appeal and becomes familiar with the indicated points. Any person participating in a criminal case, even a judge, is able to write a response to appeal the decision.
In a situation where the defendant sends a response, it is considered significant that the protest is not unreasonable. Since a guilty citizen for a specific defense must have a large number of obvious reasons.
During the appeal, only those factual points that are set out directly in the appeal of the decision are analyzed, therefore the defendant is obliged to write a review in its entirety.
An objection or review is practically the same thing. They clearly indicate that any participant in the criminal process is dissatisfied with the decision made and ask for it to be reconsidered, which happens in a retrial.
Review requirements
The legislation of the Russian Federation does not provide for any requirements for the text of the review.
The text requires the defendant in the appellate proceedings to reflect his position. In his response, the participant petitions the court to leave the original verdict unchanged and to refuse a positive decision on the appeal. This formulation appears in almost every objection.
At the same time, when filling out a review, it is advisable to comply with the following requirements:
- You will need to prove why the participant believes that the first court verdict is lawful, and the appeal has no grounds.
- To draw up arguments, lawyers use the following scheme:
- The court's conclusions on each point of the proceedings are presented, with arguments proving the validity of the decision.
- In addition, when filling out a review, it is advisable to comply with the following formalities:
- Correct display of the name of the judicial structure and its postal address.
- Details of the persons involved in the process, displaying their full names. and their addresses.
- Signature of the objector.
- The completed response will need to be sent to each person involved in the appeal process, with copies of documents submitted to the court of initial instance attached.
In the footsteps of the legislator
According to the Code of Criminal Procedure of the Russian Federation, Article 389.1 states that a response to an appeal should be written in free form, and all standards and rules for writing business documentation must be observed. Most often, such papers are drawn up by a lawyer at the request of the victim.
Filing a protest is considered the main tool for the exercise of legal human rights during legal proceedings as a defense. Based on this possibility, the principle of adversarial law is placed, which assumes the main basis of the criminal process.
Because of this, the objection to the appeal must be correctly and logically proven. This will help to resist the opponent, who begins to accuse him of an incorrect decision as the court of second instance examines the criminal case.
- Parties.
- Prosecutor.
- Persons representing legitimate interests, applicants.
- Other figures who participate in the case in cases where this is provided for by the code and if the determination of the judicial authorities excludes the possibility of subsequent progress in the case.
It is best to file appeals immediately after a case, when a decision has recently been made.
This will help with the greatest likelihood of getting the desired response from the judicial authorities, since cases that are several years old are often considered by the judge with some caution and the reason for filing a cassation appeal is revealed, which can negatively affect the court’s decision.
How to appeal a court decision
It happens that the judge made a decision that did not sufficiently satisfy our claims, or this decision was not at all in our favor. One way or another, we do not agree with the decision made and want it to be changed or canceled and a different decision on the case made. To do this, we need to appeal this court decision to a higher court before the court decision enters into legal force. If you don't know when a court decision comes into force, find out in this article.
What does it mean to appeal a court decision? This means filing an appeal to a higher (appeal) court against a court decision with which you do not agree.
A “court of appeal” or “court of appeal” is a court of second instance.
Do I need to file an objection?
If the question arises whether it is necessary to provide a protest and whether it is worth it, the answer is yes.
When filing an objection, a person has a chance to correctly and competently interpret the central circumstances of the case and justify them. In the text of such a document, it is also worth noting that the cassation appeal, which was filed by an opponent in the proceedings, is not based on acts and legislative regulations and is considered unsubstantiated.
This point deserves great attention. Conditions often arise in which people involved in proceedings divide them differently.
They also evaluate the same circumstances, which ultimately can significantly influence the final result of the case. The chance to file an objection to a cassation appeal can be regarded as a counterbalance to justice.
An example of similar proceedings will help you understand all the intricacies of filing documentation.
Courts that hear complaints:
- District Court.
- The Supreme Court of a republic, territory, region, court of a federal city, autonomous region, etc.
- The appellate instance of the Supreme Court.
- Appeal Board of the Supreme Court of the Russian Federation.
Most often, the parties to the case who are not satisfied with the court decision of the first instance write a document with complex content, so that even the most unconvincing arguments sound clearly. This very often happens when analyzing difficult cases, from the point of view of legislation, for the analysis of which many months are allotted.
