Appealing a verdict: appeal and cassation

Key points

• A verdict of a first instance court is not final: it can be appealed and later challenged in cassation.
• The time limit for an appeal is 15 days from the pronouncement of the verdict, and for a person in custody from the date the copy is served.
• The appellate court reviews both facts and law, and may in particular reassess the evidence and change the sentence.
• The cassation court (the Supreme Court) checks only the correct application of the law and does not re-examine evidence.
• A missed deadline is the main threat, so the appeal must be prepared immediately after the verdict.

A verdict is not the end of a case. The law gives a convicted person the right to have the case reviewed by a higher court, and this is a real chance to correct an error. Many verdicts are changed or quashed precisely on appeal. Attorney Vitalii Petryk, who has handled criminal cases in Kyiv since 2011, explains the time limits and procedure for appealing a verdict and what can be changed at each stage.

Why a verdict can and should be appealed

A verdict of a first instance court does not take effect immediately. Within the appeal period the convicted person may lodge an appeal and the case then passes to a higher court. This is a safeguard against judicial error: incorrect assessment of evidence, breach of procedure, wrong classification or an excessively severe sentence.

An appeal is not a sign of disrespect for the court but a normal stage of the process provided by law. It should not be given up prematurely, because there will be no second chance to have the case reviewed on the same terms.

Appeal: time limits

An appeal is lodged within 15 days of the pronouncement of the verdict. For a person in custody the period runs from the date the copy of the verdict is served. The appeal is filed through the court that delivered the verdict and is heard by the appellate court.

Missing the deadline is a critical problem. It can be restored only where there are valid reasons, and courts do not always agree. It is therefore better to decide on an appeal at once and to start preparing without waiting until the last day.

What the appellate court examines

The appellate instance has broad powers. It reviews both questions of law and the factual circumstances: whether the evidence was assessed correctly, whether guilt was proved, whether the sentence matches the gravity of the act and the personality of the convicted person. As a result the appellate court may leave the verdict unchanged, change it, quash it in whole or in part, deliver its own verdict, impose a different sentence or close the proceedings.

That is why the appeal is the key stage. At this point the evidence can still be reassessed, breaches can be highlighted and the outcome of the case can be changed substantially, including acquittal.

The prohibition on reformatio in peius

An important safeguard for the convicted person: as a general rule the appellate court may not worsen their position if only the defence lodged an appeal. A harsher sentence or a more severe law may be applied only where the prosecution or the victim has made such a request.

This removes the fear that appealing automatically makes things worse. Even so, the risks should always be assessed with a lawyer in advance, taking into account who else has lodged appeals in the case.

Cassation appeal

The next instance is cassation, that is the Supreme Court. A cassation appeal is lodged within the statutory period after the verdict takes effect. Unlike the appeal, the cassation court checks only the correct application of the rules of law and compliance with procedure. It does not re-examine the evidence or establish new facts.

A cassation appeal must therefore be legally precise: it must show clearly which rules of substantive or procedural law were breached and how this affected the verdict. General disagreement with the decision does not work here; specific legal grounds are required.

The role of a lawyer in an appeal

A lawyer analyses the verdict and the case file, identifies errors and breaches, formulates the grounds for quashing or changing the decision and prepares a reasoned appeal. The lawyer represents the client at the hearing, files applications and, on appeal, may submit additional evidence where grounds exist. The defence lawyer experience directly affects the outcome: an error correctly identified and articulated can change the fate of a case.

The earlier a lawyer joins the preparation of the appeal, the better the chances of meeting the short deadline and building a strong rather than a formal position.

Frequently asked questions

How much time is there to appeal a verdict? An appeal is lodged within 15 days of the pronouncement of the verdict, and for a person in custody from the date the copy of the verdict is served.

How does an appeal differ from cassation? An appeal reviews both facts and law, including reassessment of evidence. Cassation checks only the correct application of the law and compliance with procedure.

Can an appeal be lodged after the deadline? Only for valid reasons, through an application to restore the time limit. Courts do not always grant it, so delay is dangerous.

Can things get worse after an appeal? If only the defence appealed, the position of the convicted person cannot be worsened. A harsher outcome is possible only on an appeal by the prosecution or the victim.

Is a lawyer necessary for an appeal? Formally the convicted person may lodge an appeal themselves, but the quality of the reasoning directly affects the result. An experienced defence lawyer significantly improves the chances.

Read also

• Notice of suspicion: what it is and what to do next
• Preventive measures: how to avoid being remanded in custody
• Electronic evidence in criminal proceedings: when and how it can be challenged
• Legal services

Need defence? Contact an attorney

Attorney Vitalii Petryk, Kyiv. Preparation of appeals and cassation appeals and representation before courts of all instances in criminal and administrative cases.

Phone: +38 (096) 878-07-36
Email: info@advokat-petrik.com
Address: Kyiv, Holosiivskyi Avenue 132, RELE Business Centre

Disclaimer

This material is informational and is not legal advice or a guarantee of any particular result. Every situation is individual and the application of the rules depends on the specific circumstances. For an assessment of your case, seek personal advice from an attorney. The author observes the Rules of Advocates Ethics and the Law of Ukraine on the Bar and Advocacy.