Unlike cassation and appeal complaints, which are filed before the court makes a decision and the sentence enters into legal force, a supervisory complaint is drawn up after the sentence and decision have entered into force. In fact, a supervisory complaint is an appeal against a court decision or sentence by a participant in a trial or a person who believes that his interests and rights have been violated by a court decision.
Instructions
Step 1
In order for a supervisory complaint to be considered, it must be sent only to a higher instance after the court has rendered a negative decision.
Step 2
The complaint must be made in accordance with the rules, otherwise there is a possibility of its rejection by the court. Mandatory components: - the name of the court, or an official;
- Full name of the person making the complaint;
- date and place of birth of the same person;
- case number, number and date of the decision;
- the decision of the court of second instance (if they took place).
Step 3
After the "heading" it is necessary to write in the middle of the line: "Complaint in the order of supervision". Then summarize the content of the court's verdict and any attempts to appeal. Below, describe your personal opinion on court decisions that are illegal and unreasonable, indicating which provisions of the codes were violated by the court. All evidence must be reasonably stated, which will indicate a miscarriage of justice or an intentional violation of the law by the court.
Step 4
In the supervisory complaint, it is necessary to indicate the facts of violation by the court. These can be violations in the course of the investigation, not accepted arguments of the defense, violation of the rules during the conduct of the session, dubious evidence from the prosecution and any other facts that need to be remembered and set out in writing.
Step 5
The end of the supervisory complaint should consist of a request to take into account the arguments presented and make a decision. At the end, you should list the documents attached to the complaint. Mandatory documents include: copies of the rulings issued by the instances of the courts in the case, copies of court decisions and other documents that may affect the outcome of the case.
Step 6
A supervisory complaint is considered within a month from the date of its receipt, but the speed of passage of all documents through the instances is not regulated by law. After that, the court can either refuse to accept the complaint, or initiate supervisory proceedings.
