The possibility of reviewing decisions that have entered into force in cassation (supervisory) proceedings is one of the features of domestic law. In most foreign systems, such an institution is not provided. Its presence in Russia is determined by the socio-political and geographical conditions of the country. Let us further consider what constitutes proceedings in a supervisory review court.
General information
The current Code of Criminal Procedure establishes that supervisory review in a criminal case may be initiated exclusively by the parties. At the same time, the previously existing Code almost did not limit the number of persons entitled to submit a corresponding application. Based on the analysis of the Code of Criminal Procedure, it can be determined that the production of the supervisory structure by the court acts as a stage of the proceedings in the framework of which the higher authority checks the validity and legality of the decision that has entered into force. The procedure applies, inter alia, to appeal rulings. Similarly, supervisory review in a civil process is characterized .
Stages
The legislation establishes several stages of supervisory review:
- Submission of a complaint against a decision that has entered into force.
- Decision making by an authorized person. The judge may decide to accept the complaint and to institute proceedings or to refuse to do so. In the latter case, the chairman may reverse the decision and submit the application for consideration.
- Supervisory appeal proceedings.
Value
Supervisory proceedings fulfill critical tasks. First of all, it monitors the activities of downstream institutions. As part of the supervisory review process, the supreme and relevant military courts guide the practice, ensuring its unity on the basis of the precise application of the law and the principle of independence of the system. This activity is necessary to implement the provisions enshrined in Art. 19 of the Constitution. In accordance with it, all persons are equal before the law and the court. The possibility of revising decisions that have entered into force also acts as a key guarantee of the observance of the rights and interests of the individual.
Important point
Supervisory review proceedings provide an opportunity to review decisions that, for one reason or another, have not been appealed on appeal or otherwise. It follows that the verification is carried out in relation to a sufficiently large number of decisions. Supervisory proceedings in civil matters contribute to the uniformity of practice, which plays a critical role in ensuring the rule of law in cases.
Distinctive features
Supervisory and cassation proceedings are very similar. However, there are certain differences between them. Among them should be noted:
- The subject of verification. Supervisory proceedings are opened on the decision that has entered into force.
- Repeated check. Supervisory proceedings may be instituted several times in various authorized bodies.
The specifics of the complaint
The submission of a complaint compiled in accordance with all the rules of the law to the cassation instance requires the latter to consider it. In other words, the case automatically transfers from one organ to another. The hearing of the supervisory appeal is preceded by its examination by a competent official. It has the power to acknowledge that there are no grounds for a review of the decision in the application. It follows from this that the mere fact of bringing a complaint drawn up in compliance with legislative requirements does not mean that supervisory review proceedings will be instituted.
General rules
Supervisory proceedings involve specific timelines for handling complaints and submissions. Their establishment prevents delays in decision making. The supervisor must review the application within fifteen days. This period includes the time of adoption of the relevant act. The court shall notify the parties in the established manner of the time, date and place of the supervisory review proceedings. Compliance with this requirement ensures that the participants in the case exercise their rights. It should be said at the same time that the CPC does not provide for notification of civil defendant and plaintiff, private prosecutor, as well as their representatives. Meanwhile, their interests are affected by the complaint.
Application Report
In the framework of supervisory proceedings, at the first stage, the first is the member of the presidium authorized to consider the case, or another official who has not previously participated in the proceedings. Under article 407 (part 4) of the Code of Criminal Procedure, the report includes a statement of circumstances, the content of the sentence, the decision / ruling, the grounds for filing a complaint, and the act of initiating a review. There is an opinion that if an official who does not act as a member of the presidium participates in the discussion, but is not a member of the supervisory court, he should be given the opportunity to speak in the case not only within the framework of the report, but also after the parties have spoken. Before the beginning of the final stage, during which a decision will be taken on the merits of the complaint, the rapporteur must express his opinion on the positions of the parties, additional materials that they presented at the meeting. He may be asked questions.
Nuances
After the speaker’s closing statement, the floor is left to the prosecutor. According to Ch. 6 of the CPC, this official is on the side of the prosecution. During the meeting, it is necessary to take into account that the prosecutor, by virtue of Article 11 (parts 1, 2), is obliged to ensure the rights of the participants in the proceedings, including the victim, accused / suspect. Other parties to the process with the right to file a complaint are not given the opportunity to support it. But the victim, convict and other persons may give their oral explanations after the prosecutor speaks. This can help to substantiate the complaint, to refute the arguments of other participants.
Definition
Decision-making on the considered complaint is carried out after the officials have discussed the issue of whether there are grounds for changing or canceling the decision, verified in a supervisory procedure. The issued act must comply with the requirements of Article 388 of the Code of Criminal Procedure. The determination is signed by all members of the court, the resolution is presiding at the meeting. The decision on the amendment / cancellation of the entered into force and verified act is carried out by the majority. In the event of a tie vote, the complaint / submission will be considered rejected.
Subjects of law
The legislation clearly limits the circle of people who are given the opportunity to file a supervisory appeal. These entities include:
- Suspect / Accused.
- Justified.
- Convicted.
- The victim.
- Advocates / legal representatives of the parties.
The prosecutor has the right to bring a supervisory representation. As indicated above, the law excluded civil defendant and plaintiff from the subjects of law. At the same time, the Code of Criminal Procedure allows them to send petitions for participation in a meeting of a supervisory court.
Legal requirements
Supervisory representation / complaint must comply with the requirements of regulatory enactments. The requirements are similar to those provided for appeals. The legislation does not define the consequences that occur if the regulations are not followed. In practice, courts apply in such cases the provisions of Article 375 of the Code of Criminal Procedure by analogy.
Complaint structure
The subject matter is illegality, injustice, groundlessness of a decision that has entered into force. When compiling a complaint, it is necessary to indicate the mandatory details provided for documents of this type. The application must be addressed to the authority authorized to review the impugned act. Moreover, the law requires the applicant to be consistent. In particular, a supervisory appeal against a decision of a district court cannot be sent to the board of the Armed Forces, bypassing the presidium of the regional instance. This rule, in the opinion of the rulemakers, serves the interests of the applicant. In case of refusal to satisfy a complaint in a lower instance, he has the right to apply to a higher one for the same reasons. In this case, the subject may appeal both the verdict and the determination.
Appendices to the complaint
Along with the application, the interested person provides copies of the decision (sentence) to be reviewed, appeal (cassation) ruling. If necessary, other documents are presented, which, according to the complainant, confirm the arguments set forth by him. It must be said that the reclamation of the case is not considered a mandatory procedure. Decision making by the supervisory authority may also be based on materials received from the applicant.
Impossibility of deterioration
Previous legislation did not allow a review of a guilty verdict, a determination in a supervisory order in connection with the need to apply norms on a more serious act, due to the softness of imputed punishment and for other reasons that could contribute to a change in the state of affairs for the worse. In the plenary Resolution of the Armed Forces No. 6 dated 12/05/1978, clarifications are given on this issue. In particular, the act establishes grounds that worsen the position of a person. These include questions regarding:
- Application of the act of amnesty.
- Non-recognition of the actions of a guilty relapse of a particularly dangerous nature.
- Application of deferral of execution of sentence or rejection of the idea of its cancellation.
- Calculations of the term of punishment.
- Applying parole to the culprit or replacing punishment with a milder sanction.
- Withdrawal of conviction.
- Exemption from serving a sentence.
Circumstances that worsen the situation of the subject are also: guilty pleas of episodes for which he was not punished, exclusion of extenuating factors from the sentence, etc. It is not considered as a turn for the worse eliminating arithmetic errors, as well as explicit descriptions and typos. The ban on the deterioration of the situation of the subject applies to decisions of the first and second instances, as well as to decisions adopted in a supervisory order.