The appeal against the decision of the justice of the peace is filed in a general manner. At the same time, there are a number of features that relate to the appeal procedure and some other points. Their ignorance will lead to the refusal of the complaint; they may not be considered at all on the merits.
Judicial hierarchy
In the modern judicial system, cases between judges are distributed according to their qualifications and specialization. Some resolve civil disputes, and their colleagues investigate only criminal cases.
The specifics of the activity of justices of the peace is that they deal with both civil and criminal cases. They have an obligation to issue court orders in accordance with CAS.
The field of activity of magistrates is related to cases that are massive, and not difficult. All complex and quite significant disputes are resolved at the district level.
Criminal cases end either with the reconciliation of the parties, or with sentences that are often not related to imprisonment. The most severe punishment that can be imposed by a justice of the peace is 3 years in prison. In practice, this is very rare.
The essence of the appeal
The appeal against the decision of the justice of the peace is filed within a month, while the decree has not yet entered into force. The remaining complaints (cassation, supervision) are sent already to the decision that has entered into force.
The law sets aside an appeal in a criminal case - 10 days from the date of pronouncement of the verdict.
The appeal stage is characterized by the fact that all complaints are examined on the merits without exception.
In the cassation and supervisory instance, the case is opened at the request of the judge, checking the compliance of the complaint with the formal requirements. If it is possible to achieve the opening of production in cassation or supervision, such a person is considered lucky to have won a lottery ticket.
The trial is conducted within the framework of the statement, therefore, in addition to the arguments, lawyers prefer to indicate their disagreement with the decision in full.
Features of civil cases
An appeal against the decision of the justice of the peace in a civil case is filed no later than a month after it was announced.
There is one caveat: the justice of the peace is not required to make all decisions in full. The participant in the process, who was present at the announcement of the judicial act, is obliged to write a statement within 3 days so that a decision with a reasoning part is drawn up for him.
Those who were not at the last meeting have the right to submit a similar application no later than 15 days after receiving the decision without a reason.
The law does not say anything about the consequences of being late with statements; formally, a judge has the right to refuse to draw up a full decision. The legal community considers this provision discriminatory.
criminal process
So far, the judge has announced the verdict at the meeting with the reasoning part, and not with the opening and resolving part as in civil cases. Participants in the process immediately after the announcement of the verdict get their hands on the finished text.
How are complaints or submissions made by the prosecutor
The appeal is filed within the time limit for appeal to the court that issued the decision or the verdict. The judge then verifies that the complaint complies with the law.
A copy of the appeal against the decision of the justice of the peace is sent to the other participants by the judge for familiarization and filing of objections. After the appeal deadline, the case materials with the complaint, objections to it, are transferred to the court of appeal .
An improperly drawn-up complaint, other violations committed during filing, give reason to leave the material without movement, give the applicant time to eliminate shortcomings and errors.
Which court to complain
The appeal procedure for appealing against a magistrate’s decision provides that all complaints in civil and criminal cases are dealt with in district courts.
Regional and equivalent courts act for justices of the peace only as a cassation instance. Further, the complaint is sent to the cassation board, and then to the supervisory authority in the RF Armed Forces in a general manner.
How to appeal
Registration of appeals against the decision of the justice of the peace is made according to general rules. This applies to both civil and criminal cases.
Decision complaint
It should contain:
- name of the district court to which the complaint is sent;
- information about the plaintiff and defendant (full name), address of residence or location;
- the number of the case, according to which the judicial act was passed and its essence (who, with what requirements, to whom I applied);
- what legislation was ignored or violated;
- what circumstances were ignored or unreasonably recognized by the court;
- request (cancel the decision in whole or in part and accept the new in part or in full);
- the annex provides a list of copies of documents to which the applicant refers;
- under the application is the filing date and signature of the applicant indicating his status (plaintiff, defendant, third party or their representative).
Complaints are usually accompanied by the number of copies according to the number of participants in the process.
Other documents are attached, provided that earlier the applicant could not provide them to the court for objective reasons, or the justice of the peace unreasonably refused to accept them.
Where can I find samples of appeals? How to make up? An example of the form is above in the article, the explanations are given below.
Writing a complaint about the verdict
What are the features of appealing against decisions of justices of the peace and appeals in a criminal case?
The structure of the application is similar:
- information about the applicant, his procedural status (defendant, defense counsel, prosecutor, victim, etc.);
- information about other participants in the case, about their place of residence or location (addresses, means of communication);
- indication of the verdict (case number, article of the Criminal Code and the substance of the charge - murder, theft, etc.);
- what (in the applicant’s opinion) mistakes were made by the trial court regarding violation of the Code of Criminal Procedure and the Criminal Code, ignoring or incorrect assessment of circumstances;
- a request to the court (to cancel the sentence in part or in full, to terminate the proceedings on the case (or) to cancel the sentence and to send the case for new consideration);
- list of attached documents and materials;
- signature and filing date.
In civil cases, referral of a case for a new trial to the first instance is excluded.
The complaint indicates exactly what circumstances and evidence should be investigated. If earlier the material was not submitted to the court and investigated, it is necessary to justify the reasons for this to the court of appeal.
The sample complaint against the decision of the justice of the peace reflects examples of calling witnesses and experts who need to be heard for re-interrogation.
The convicted person who lodged a complaint must necessarily write about his desire to participate in the consideration of the case, which is especially important in the event of his detention. Otherwise, they may not be informed of the meeting; as a result, it will be held without it.