The court does not always have sufficient information to make a correct decision. In such situations, it is necessary to restore justice in other ways. In order to appeal a sentence in a criminal case that has already entered into legal force, you need to know how to properly file a supervisory complaint.
Instructions
Step 1
A supervisory complaint, unlike a regular appeal, is submitted not to the court that passed the verdict, but to the body to which it is directly intended (for example, to the Judicial Collegium of the Supreme Court of the Russian Federation). This application is considered within 30 days from the date of its adoption by the court. It is necessary to draw up a supervisory complaint in a criminal case based on the law of the Russian Federation, in particular on Article 375 of the Criminal Procedure Code.
Step 2
You can issue a document both on a computer, subsequently printing it on a printer, or manually. Regardless of the method you choose, the complaint must be filed according to the strict structure of the application. This means that your complaint must contain three specific parts: the “heading” of the document, the title and text of the application, and a list of attached documents.
Step 3
Write the correct name of the supervisory authority you are applying to. Indicate the name, surname and patronymic of the convict, his procedural status, as well as the address where he lives or is temporarily located. Write the same information about the representative who is in charge of this case.
Step 4
The second part should start with the heading “Supervisory Complaint”. Start the descriptive text by specifying the verdict and decision the convicted person is complaining about. State the essence and circumstances under which, according to the court, there was a completely criminal offense (number and time), do not forget about the sentence that was passed as a result.
Step 5
Describe the convicted person's position, starting with the words: "I do not agree with the court's decision." Next, describe in detail what cassation complaints you filed and which courts did not actually answer them to you. Indicate in the course of the narrative what documents are in the case, and why you refer to them, support the arguments with the grounds on which you demand to check the case.
Step 6
Prepare and record in the complaint a list of attached documents. It is imperative that such a statement must be accompanied by copies of all decisions and orders issued by the courts, through which you have already passed, certified by a notary.
Step 7
Sign the convicted person, the signature of his representative and the date of the application. Before taking your complaint to the court office, re-read it, imagining yourself in the role of a judge who does not have a folder with your case at hand. Everything should become clear from your narration without further explanation. A competent, logical text will lay the foundation for a favorable resolution of the situation.
