The modern justice system is largely aimed at giving anyone the opportunity to prove exactly their case. One of the most important mechanisms is the cassation appeal, which, according to the law, anyone who disagrees with the court’s decision has the right to file, regardless of whether the case was civil, administrative or criminal - he was charged.
According to legal terminology, a cassation appeal is a writing in writing of a disagreement of one of the parties with a court order or decision, as well as a sentence that has not yet entered into legal force. It should be noted that a huge role in this procedure is played by the fact that it must be carried out in strict accordance with the law, with the basic requirements of criminal procedure and civil procedural law.
A cassation appeal must be filed within strictly defined deadlines. In particular, if it is submitted to the decision of the court of the lowest, first instance, then in this case the disgruntled party must meet the ten-day deadline. In other cases, this time period will be set directly by the court. It is also worth noting that this complaint can be submitted directly to the court, which serves as the cassation instance, and through the body that has already considered this case.
A cassation appeal in a criminal case, as well as in other cases, should be made using basic legal terms. It is unacceptable to use any offensive or incorrect expression. The excessive emotionality of the statements is not welcomed - the judge should see that there are concrete facts proving the truth, and not just feelings associated with the failed outcome of the case for the submitting party. The cassation appeal should evoke positive emotions in the judge, its main provisions should be concise enough, but at the same time express the whole essence of the claims.
In its structure, any cassation appeal must include three main parts. The first of them gives a brief description of the case, including a link to a court decision, which is subject to appeal. The second part contains a list of the main arguments according to which the applicant considers the court decision to be incorrect. Finally, the third part requires a review of the case. It should be remembered that the cassation appeal does not imply any new evidence, it just needs to draw the attention of the judge to the fact that the previous instance reacted extremely attentively and superficially to the facts already recorded.
Along with the complaint , documents such as a copy of the court decision, a receipt confirming payment of the fee, copies of the complaint that are transmitted to all parties involved in the process, as well as copies of those documents that are not available to other interested parties, are submitted to the court .
Having considered all the arguments presented, the judge makes a response to the cassation appeal, in accordance with which either the date of the new meeting is set, or the complaint is not accepted for consideration.