THE “ABUSE” BY THE DEFENSE PARTY OF THE RIGHT TO APPEAL THE VERDICT
Author(s): Solovieva N. A., Fantrov P. P.
Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics
DOI: 10.21777/2587-9472-2025-1-84-90
Release: 2025-1 (45)
Pages: 84-90
Keywords: appeal, court, defender, accused, verdict, law, criminal case, abuse of law
Annotation: This article is devoted to the study of the problem of abuse of the right to appeal the verdict by defense counsel and defendants. Despite the fact that this constitutional right is designed to protect the legitimate interests of the parties, it is often used as a tool to resolve private issues, which not only contradicts the main objectives of criminal proceedings, specified in Article 6 of the Criminal Procedural Code (hereinafter — CPC) of Russian Federation, but also violates the rights and legitimate interests of other participants in criminal proceedings. The main obstacle to combating such abuses is the formal compliance of the content of appeals with the norms of the CPC of Russian Federation. The actions of unscrupulous appellants entail a number of negative consequences, which should include an increase in the workload of appellate bodies, violation of the principle of reasonable time of criminal proceedings, evasion of defendants from criminal responsibility as a result of the expiration of the statute of limitations. The article cites examples from law enforcement practice that contradict the applicants’ desire for justice, correction of judicial errors or restoration of their violated rights. The authors of the article conclude that it is necessary to improve Article 389.6 of the CPC of Russian Federation by clarifying the criteria for admissibility of appellate complaints (submissions). In the text of the article, the Russian Federation is abbreviated as RF.
Bibliography: Solovieva N..A.., Fantrov P..P.. THE “ABUSE” BY THE DEFENSE PARTY OF THE RIGHT TO APPEAL THE VERDICT // Journal of Legal Sciences. – 2025. – № 1 (45). – С. 84-90. doi: 10.21777/2587-9472-2025-1-84-90