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Messenger Supervisory complaint in (civil, criminal, tax) case.
The highest judicial authority is the Supreme Court. This body, in certain cases, has the right to review court decisions in criminal cases.
Pursuant to Article 445 of the Criminal Procedure Code, the Supreme Court may review court decisions that have entered into force in the following cases:
– if the cassation court applied the same legal provision inconsistently (except in matters of release or imposition of punishment);
– if any international judicial body (in cases where its jurisdiction is recognized by our country) has found a violation of Ukraine’s international obligations.
The review of criminal cases by the Supreme Court for the purpose of applying a harsher punishment to the convicted person or for bringing additional charges against them is not permitted.
Supervisory complaint to the Supreme Court may be filed by the following parties:
- The convicted person and their lawyer.
- The suspect or the accused (their lawyer).
- The prosecutor.
- The victim, their representative.
- The civil defendant or the civil plaintiff, their representatives.
- A representative of a minor.
The deadline for filing such a complaint is 3 months from the day the decision is pronounced by the court of first instance, the appellate or cassation court. The review of an acquittal may be carried out within the limitation period (but in any case no later than one year).
To file an application for the review of a court decision, the applicant must include the following information in such a document (Article 448 of the Criminal Procedure Code):
- the name of the court to which the application is submitted;
- information about the applicant and other persons participating in the case;
- provide examples of specific decisions in which the cassation court applied the same provisions of criminal law inconsistently;
- the claims made by the applicant;
- in some cases it is necessary to attach a petition to such an application;
- a list of materials attached to the case.
As you understand, filing and drafting supervisory complaints is a very responsible undertaking. Moreover, the Supreme Court imposes very strict requirements on applicants, failure to comply with which will lead to the return of your application and delays. Our specialists are always ready to provide legal services regarding the drafting and filing of a supervisory complaint.