There are a number of grounds on which these procedures can be carried out for the request to change the sentence or for its annulment. If the case is sent for additional investigation to the prosecutor, to the court of first instance or to a new trial, it is necessary to indicate what violations were committed and what actions should be taken.
Instructions
Step 1
The procedure for appealing against decisions of a magistrate differs markedly from the procedure for appealing against sentences of federal judges. The difference is that in this case, in the case of an appeal, you can use a re-examination of the case materials. And to organize the consideration of those materials that can be submitted to the court of appeal in connection with the appeal against the judgment.
Step 2
Any parties can appeal against the judgment rendered by the magistrate within ten days from the date of its announcement and other court decisions. This procedure for appeal also applies to the decision of the magistrate to terminate the criminal case. If the sentence provides for a sentence of imprisonment, the convicted person may appeal against it within ten days after receiving a copy of the sentence.
Step 3
Make a complaint in accordance with the accepted form: indicate the name of the court where the document is sent, your own passport data, the number of the case and the date of its consideration. Write the subject and the basis of the complaint, and also briefly and reasonably state what, in your opinion, the court is not right in the initial consideration of the materials, which points of the verdict, decision, court ruling will you appeal and on what grounds.
Step 4
The prosecutor's submission or complaint must be filed with a magistrate. The law does not provide for their submission directly to the court of appeal. All documents are sent to the magistrate, who decides to accept them if the procedure for submitting documents is followed.
Step 5
Observe the deadline for filing a complaint - 10 days from the date of the initial decision. If there are valid reasons for extending the time limit for filing an appeal, the Justice of the Peace must make a decision “to restore the time limit for appeal”. The justice of the peace must notify the persons affected in the documents about the receipt of these documents and fulfill those requirements that relate to the familiarization of the parties with the documents and the minutes of the court session. Further, all documents and comments on the minutes of the meeting (if any) are sent to the district court, where they must be considered on appeal.
