Appealing a verdict: how and within what time limits?

• A verdict of the court of first instance can be appealed within 30 days of its pronouncement (Article 395 of the CPC).
• An appeal may be filed by the accused, their defense lawyer, the victim, the prosecutor and other participants.
• The appellate court reviews the legality and validity of the verdict and may amend or overturn it.
• A deadline missed for valid reasons can be restored.
• Attorney Kobets helps prepare the appeal and find grounds for review.

A verdict is not yet the final word in a case. Attorney Oleksii Kobets, with more than 25 years of experience, helps appeal verdicts and secure their amendment or reversal. Below are the deadlines, grounds and procedure for an appeal.

What is an appeal against a verdict?

An appeal is the review of a first-instance verdict by the appellate court before the verdict enters into force. The right to appeal is provided by Article 392 of the CPC. An appeal may be filed by the accused, their defense lawyer and legal representative, the victim, the prosecutor, and other participants insofar as their interests are concerned. The appellate court checks whether the first-instance court correctly established the facts and applied the law.

Within what time limits can an appeal be filed?

An appeal against a verdict is filed within 30 days of its pronouncement, and for a person held in custody, within the same period from the day they are served a copy of the verdict (Article 395 of the CPC). An appeal filed after the deadline is returned by the court, so there is no time to waste. If the deadline was missed for valid reasons, such as illness or late service of the verdict, it can be restored by filing a corresponding motion.

Example. A person received the copy of the verdict late, when the 30 days had almost run out. The defense simultaneously files the appeal and a motion to restore the deadline, attaching proof of late service, and the court restores the deadline.

What are the grounds for overturning or amending a verdict?

Article 409 of the CPC defines the grounds for appeal: incompleteness of the trial, inconsistency of the court’s conclusions with the factual circumstances, substantial violation of the CPC, incorrect application of the criminal law, and a penalty that does not correspond to the gravity of the act and the personality of the accused. The defense’s task is to show the appellate court specific violations, not just disagreement with the verdict.

What can the appellate court do?

Based on the review, the appellate court may leave the verdict unchanged, overturn it in whole or in part, amend it (including mitigating the penalty or requalifying the act), or order a new trial in the court of first instance (Article 407 of the CPC). If there are grounds, the appellate court’s verdict can be further challenged in cassation before the Supreme Court.

How can a lawyer help?

The lawyer analyzes the verdict and the case file, identifies grounds for appeal, prepares a reasoned appeal, takes part in the appellate hearing and, if needed, prepares a cassation appeal. His background in investigative bodies helps attorney Kobets see the weak points of a verdict. Defense is provided at all stages in Kyiv and beyond.

Frequently asked questions

How much time is there for an appeal?
30 days from the pronouncement of the verdict, and for those in custody, from the day the copy of the verdict is served. A deadline missed for valid reasons can be restored.

Can I file an appeal myself?
Yes, but an appeal drafted by a lawyer with references to specific violations of the CPC has a much better chance of success.

Does the verdict take effect during the appeal?
No. A timely appeal suspends the verdict from entering into force; the question of the measure of restraint is decided separately.

What comes after the appeal?
If there are grounds, the appellate court’s verdict can be challenged in cassation before the Supreme Court.

This material is for information purposes only and is not legal advice or a guarantee of any result. Every case is unique, and the application of legal rules depends on specific circumstances. For an assessment of your situation, seek a personal consultation with a lawyer. The author complies with the Rules of Attorney Ethics and the Law of Ukraine “On the Bar and Practice of Law”.