A crime and any other offense must be followed by punishment. Nevertheless, every person found guilty of a crime or an administrative offense is guaranteed the right to appeal against a punishment that is unfair from his point of view.
It is necessary
The Criminal Procedure Code of the Russian Federation or the Code of the Russian Federation on Administrative Offenses
Instructions
Step 1
A court verdict or a decision in a case of an administrative offense can be appealed both before entry into legal force and after. The general rule is to appeal to a higher authority, court or official.
Step 2
To appeal an unenforceable judgment of a Justice of the Peace, file an appeal with the District Court. The verdict of the district court can be appealed by filing a cassation appeal to the Supreme Court of the subject of the Federation (republic, territory, region, city of federal significance, autonomous region, autonomous region). If you are not satisfied with the decision of the Supreme Court of a constituent entity of the Federation, contact the Supreme Court of the Russian Federation. It is very important to have time to send a complaint within 10 days after the verdict is delivered and a copy of it has been delivered, but if this deadline is missed for good reasons, apply to the court to reinstate it.
Step 3
If the verdict has already entered into legal force, it can be challenged in a supervisory instance court. In this case, file a complaint with the Presidium of the Supreme Court of the subject of the Federation. The next instance for appealing the verdict is the Supreme Court of the Russian Federation.
Step 4
If the punishment is already being executed, but new evidence has appeared in the case in your favor, apply to the court with a petition for a reconsideration of the case on the basis of newly discovered circumstances. It is important that these circumstances exist at the time of the sentencing, although they were not known to the court. For example, a witness gave false testimony during the trial, but after that he changed it, or it was found that the expert's conclusion was forged, or criminal actions of the investigators or the court were established.
Step 5
Finally, when the courts have been passed and all methods of mitigating or canceling the punishment have been exhausted, write a petition for pardon to the President of the Russian Federation. But keep in mind that such an appeal, before getting directly to the head of state, must go through a long chain of command.
Step 6
Punishments for administrative offenses are imposed not only by the court, but also by various state bodies and officials, therefore, complaints must be filed with a higher authority, a higher official or a district court within 10 days from the date of the decision on an administrative offense. If the document has entered into legal force, it can be revised in the order of supervision. To do this, file a complaint with the prosecutor, who will send a prosecutor's protest to the court.
