Appealing a verdict - the one month in which a first-instance error can still be corrected
A first-instance verdict is not final - but it becomes final within a month if no appeal is filed. The Court of Appeals reconsiders the case on both facts and law; the Supreme Court only on legal errors and only after an admissibility filter. At both instances the quality of the appeal decides whether the case is reconsidered or comes back rejected on one page.
This page describes which verdicts can be appealed and on what grounds, what the lawyer does between the announcement of the verdict and the appeal hearing, when new evidence works, what the prosecutor's appeal against an acquittal means, and what happens when the deadline has already passed. If a different lawyer handled the first instance, the appeal is often the "second pair of eyes" stage.
Updated · Practice area: Criminal defence lawyer
Appeal and cassation - what each reviews and within what deadline
The six stages of an appeal from announcement to the appellate hearing
Obtaining the reasoned verdict and the record
At the hearing the operative part is announced; the full text and the hearing record are prepared later. The lawyer requests both the same week - the deadline runs from announcement, and without the text the appeal is written blind. Objections to the record have a separate deadline.
A "second pair of eyes" audit of the case
The whole file from scratch: admissibility of evidence, search and seizure reports, the input data of expert reports, contradictions in witness testimony, the qualification, the sentencing arguments. If a different lawyer handled the first instance, this stage often finds what was missed at the hearings.
Selecting the grounds
An appeal about everything is an appeal about nothing. The lawyer selects three to five strong grounds: a factual error (evidence wrongly assessed), a legal one (the article wrongly applied), a procedural one (a right breached, inadmissible evidence used), the sentence (disproportionate, a mitigating circumstance ignored).
New evidence
New evidence may be submitted to the Court of Appeals if you explain why it could not be submitted at first instance. An alternative expert report, a new witness, a document that surfaced later - the lawyer attaches it with a motion and reasoning, not simply as an "annex".
The text of the appeal and the demand
With a specific demand: acquittal, a change of qualification, a reduced sentence, a suspended sentence, a retrial. A vague demand to "quash the verdict" narrows the court's options. The accused's own appeal cannot worsen their position - that rule makes appealing safe.
The appellate hearing
An oral hearing with the parties; the lawyer argues the grounds of appeal, presents new evidence and answers the prosecutor's position. A convicted person in custody takes part by video link or is transported; the lawyer ensures they are heard.
Ten grounds on which the Court of Appeals actually changes verdicts
- The main evidence was obtained by an unlawful search or seizure, or by a statement taken without a lawyer, and its exclusion leaves the charge without foundation.
- The verdict rests on a single statement that contradicts the rest of the file, or the witness is themselves an interested person.
- The expert report rests on disputed input data and an alternative examination gives a different result.
- The act is qualified under a heavier article than the established facts allow - the element of intent, quantity or a systematic pattern was not proved.
- The sentence was imposed without regard to mitigating circumstances (no criminal record, reconciliation, compensation, health, family).
- The court rejected the possibility of a suspended sentence or a fine without giving reasons.
- The accused was restricted in the right to examine a witness, to present evidence or to make a final statement.
- The limitation period had expired and the court did not check it.
- The verdict is unreasoned - the motives are generic, there is no answer to the defence's arguments.
- The prosecutor submitted a statement or evidence late, in breach of the defence's right to prepare.
When the prosecutor appeals - defending an acquittal or a light sentence
Appealing is a two-way street: an acquitted or lightly sentenced accused may find themselves in the Court of Appeals on the prosecutor's appeal. In that case the defence's work is a mirror image - reinforcing the reasoning of the first-instance verdict, refuting each ground of the prosecutor's appeal separately, arguing the inadmissibility of new evidence if the prosecutor attaches it without having submitted it at first instance.
The reply to the prosecutor's appeal is a separate document with a deadline, and failing to write it leaves the Court of Appeals with only one position. An acquitted accused often assumes the case is over and pays no attention to the service of the appeal - the lawyer monitors the deadline personally and builds the reply on the logic of the verdict's reasoning.
One important rule: the accused's own appeal cannot worsen their position, but the prosecutor's appeal can. So when both sides appeal, the lawyer writes the accused's appeal so that it answers the prosecutor's arguments in advance.
Three scenarios and the outcome of the appeal
The sentence is too harsh, guilt is not disputed
A first offender, the loss compensated, the court imposed imprisonment without considering suspension. An appeal on the sentencing part: a list of mitigating circumstances with documents, examples from practice. Typical outcome: a reduced or suspended sentence.
A verdict on inadmissible evidence
A drug case, a search report without witnesses, the first-instance lawyer filed no motion. An appeal for exclusion of the evidence and the groundlessness of the charge. Outcome: acquittal or a lighter charge, if the court treats the breach as material.
An acquittal, the prosecutor appeals
The first instance acquitted, the prosecutor filed an appeal within a month. The defence's reply follows the line of the verdict's reasoning and refutes the prosecutor's "new" arguments. The outcome is often the acquittal being upheld - if the reply was written and the lawyer came to the hearing.
Deadlines, restoration and what it costs
- One month
- For an appeal and for a cassation appeal - from announcement. The period ends on the same date of the next month, not after 30 days; if it ends on a non-working day it moves to the next working day. The appeal reaches the registry or is filed electronically before the end of the last day.
- Restoring the deadline
- A missed deadline is restored for a valid reason - illness, late service of the reasoned verdict, absence of a lawyer. The motion goes with the appeal, with documents. "I did not know" is not a valid reason; a disputed date of service often is.
- Length of review
- Typically 2-6 months in the Court of Appeals; in the Supreme Court the admissibility decision and review take months. A convicted person in custody stays there during this period unless the preventive measure is varied - the lawyer requests this together with the appeal.
- Fees
- An appeal is a separate stage with a separate fee: the case audit and drafting the appeal (fixed), the hearings. The cost of a new expert report is separate. If the lawyer also handled the first instance, the cost is lower; a "second pair of eyes" lawyer charges more, but is often the one who finds the ground that was missed.
Questions about appealing a verdict
The first-instance lawyer says an appeal is pointless. Whom do I believe?
An independent assessment by a second lawyer within the deadline - this is not distrust but standard practice. One consultation with the case file is enough to say whether there is a real ground. If there is not, you will be told so honestly; if there is, the deadline has not yet passed.
Can an appeal make the sentence worse?
Your own appeal - no: the Court of Appeals is prohibited from worsening the accused's position on the accused's appeal. Worsening is possible only on the prosecutor's appeal, which is filed or not filed regardless of yours. So appealing creates no risk - the risk comes only from the prosecutor's appeal, and you need a reply to that anyway.
I am in custody and the appeal will take months. Can I get out?
Together with the appeal or separately - a motion to vary the preventive measure: part of the sentence has already been served, the case is under appeal, the risk of absconding is reduced. The Court of Appeals considers this. If the sentence in the verdict is short and the appeal is long, the lawyer weighs that ratio personally.
A new witness has appeared who was not at the trial. Can I present them on appeal?
Yes, if you explain why they could not be presented at first instance - the witness was unknown, was abroad, refused to testify. The lawyer obtains the witness's written statement in advance and files a motion for examination together with the appeal. If the Court of Appeals refuses, that is a ground for cassation.
The Supreme Court declared the appeal inadmissible. Is there no other way?
At the national level the verdict is final. What remains is the European Court of Human Rights - within 4 months of the final decision, only for a breach of a right protected by the Convention (fair trial, liberty, private life) - and reopening the case on newly discovered circumstances, if any emerge.
Lawyers for appeal and cassation cases
Appealing is a skill of reading the file and writing, not of speaking at a hearing. The card shows experience by instance; within 15 minutes the coordinator connects you with a lawyer who handles criminal cases in the Court of Appeals and the Supreme Court.
No published lawyers in this category yet
That does not mean we cannot help. Call us - we will match you with a specialist for a remote consultation or from a nearby city.
Call: 568 330 318The verdict has been announced? The month is already running
At a free consultation a lawyer reads the verdict and the case file with a "second pair of eyes" and tells you whether there is a real ground of appeal - within 15 minutes the coordinator will contact you.