PREPARING CASSATIONAL AND SUPERVISORY APPEALS UNDER CRIMINAL PROCEEDINGS BY ATTORNEY: PROHIBITIONS AND RESTRICTIONS

Abstract

Limitation of verification subject within cassation and supervisory review proceedings by the legitimacy of judicial acts entered into legal force determines the ban on appeal by counsel of the validity and fairness of the sentence and other court decisions. It is shown that this ban is not of an absolute nature: the validity of the judicial act in criminal cases can be checked in connection with the assessment of the admissibility of the underlying evidence, and the justice of the sentence is subject to verification if the decision of the court was the result of incorrect application of the rules of the General part of the Russian Criminal code. The authors conclude that depending on the circumstances of a particular case, counsel can raise the question about the validity of verdict through the prism of interrelated conclusions about the guilt of the convicted person, legal assessment of deeds and justice of punishment.