After a year has passed since the entry into force of the amendments to the Criminal Procedure Code of the Russian Federation, which introduced Chapter 47.1, which establishes the procedure for proceedings in the court of cassation, the Plenum of the Supreme Court of the Russian Federation summarized the law enforcement practice and gave the courts clarifications on issues arising from the application norms of chapter 47.1 of the RF.
Thus, the right to appeal to the court of the cassation instance also has the persons who have the right to appeal the court decision insofar as it affects their rights and legitimate interests (the applicant who was refused to initiate a criminal case, the pledger, the person whose property was imposed arrest, and others). The right to appeal to a court of cassation with a complaint about the legality of a private ruling (ruling) issued by the court is vested in a person against whom disciplinary proceedings may be initiated or other measures affecting the personal interests of this person may be applied in connection with the circumstances specified in the private ruling ( decree).
The judgment may be appealed to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, to the Military Collegium of the Supreme Court of the Russian Federation, provided that it was appealed to the presidium of a lower court.
Court decisions that have entered into legal force, rendered in the course of pre-trial proceedings, can, as a general rule, be reviewed in cassation procedure only before the transfer of the criminal case to the court of first instance for consideration on the merits. At the same time, appeal and cassation revision of decisions on the selection of a preventive measure in the form of detention, house arrest or extension of their validity period, or on the placement of a person in a medical or psychiatric hospital for forensic examination are possible even after the criminal case is brought to court. first instance.
In the cassation procedure, the arguments of the cassation appeal, presentation are not subject to consideration, if they dispute the correctness of the factual circumstances of the case established by the court (questions of fact).
A criminal case must be requested in every case when the judge has reasonable doubts about the legality of the contested court decision.
The withdrawal of a cassation appeal or presentation does not prevent the same person from re-appealing to the same court of the cassation instance with a complaint or presentation on the same or other legal grounds within the established period.
The court of cassation may consider additional materials received with a complaint or presentation, or submitted by the parties, if they contain information that is important for the correct resolution of the case and do not indicate the presence of new or newly discovered circumstances.