A judgment delivered by a court is not always final. If the court of first instance or the appellate court incorrectly assessed the evidence, violated procedural law, incorrectly applied substantive criminal law, or imposed a disproportionately severe sentence, the decision may be appealed in accordance with the procedure established by law.
Preparing an appellate or cassation appeal in a criminal case requires a detailed analysis of the judgment, court hearing records, the evidence in the case, and the legal errors committed.
Avtandil Giorgadze protects the interests of convicted persons before the Court of Appeals and the Supreme Court of Georgia.
Appealing a Criminal Judgment
The purpose of an appeal is not merely to repeat the position presented before the court of first instance. The appeal must precisely identify:
- which factual circumstance was assessed incorrectly;
- what contradictions exist between the judgment and the evidence examined;
- which evidence was not assessed or was assessed incompletely;
- whether criminal procedure law was violated;
- whether substantive criminal law was applied correctly;
- whether the sentence is lawful, substantiated, and proportionate;
- the specific relief requested by the defense.
An appeal must be based on specific legal and factual grounds. Dissatisfaction with the outcome of the judgment alone is not sufficient to have it changed.
Appeal in a Criminal Case
A judgment of the court of first instance may be appealed before the Court of Appeals in accordance with the procedure and within the time limit established by law.
The Court of Appeals examines the factual circumstances of the case and the assessment of evidence, as well as legal and procedural issues. The scope of appellate review largely depends on the relief sought and the legal grounds specified in the appeal.
On What Grounds May a Judgment Be Appealed?
The grounds for an appeal may include:
- an incorrect or incomplete assessment of evidence;
- inconsistency between the conclusions in the judgment and the evidence examined in court;
- failure to consider material contradictions between witness statements;
- reliance on unreliable or inadmissible evidence;
- unjustified rejection of important defense evidence;
- violation of the accused person’s right to defense;
- violation of the principles of equality of arms and adversarial proceedings;
- unlawful rejection of a substantiated motion;
- incorrect legal classification of the charges;
- violation of the presumption of innocence;
- shifting the burden of proof to the accused;
- insufficient reasoning in the judgment;
- imposition of a disproportionately severe or unlawful sentence;
- another material procedural or legal violation.
Each alleged violation must also be assessed in terms of whether it affected the lawfulness of the judgment and the final outcome of the case.
Relief Requested in an Appeal
Depending on the circumstances of the case, the defense may request through an appeal:
- reversal of the judgment of conviction and acquittal of the accused;
- reversal or modification of the judgment;
- acquittal on an individual part of the charges;
- reclassification of the conduct under a less severe provision;
- reduction of the sentence imposed;
- application of a suspended sentence or another more lenient legal outcome;
- revocation or modification of an additional sentence;
- modification of a decision concerning property;
- adoption of another decision provided by law.
The relief requested must correspond to the legal grounds stated in the appeal and the factual circumstances of the case.
New Evidence Before the Court of Appeals
New evidence may be presented before the Court of Appeals only where the conditions established by law are satisfied. The defense must explain:
- why the evidence was not presented before the court of first instance;
- when and how it became known;
- its relevance to the resolution of the case;
- the extent to which it may affect the judgment.
If new evidence is discovered, its origin, the manner in which it was obtained, and its connection to the case must therefore be properly substantiated.
Proceedings Before the Court of Appeals
Before the Court of Appeals, the lawyer:
- presents and substantiates the appeal;
- responds to the prosecution’s appeal and arguments;
- identifies errors committed by the court of first instance;
- participates in the examination of evidence within the limits permitted by law;
- submits motions;
- protects the rights of the convicted or accused person;
- presents the defense’s final legal position to the court;
- requests reversal of the judgment and acquittal of the convicted person on the charges, modification of the judgment, or mitigation of the sentence.
Proper drafting of the appeal is important because it defines the relief sought by the defense and the principal grounds of appeal.
Cassation Appeal Before the Supreme Court
In cases provided by law, a judgment of the Court of Appeals may be appealed to the Supreme Court of Georgia through cassation proceedings.
A cassation court is not another ordinary stage for rehearing the case. Its principal function is to assess errors of law, material procedural violations, and issues important for the uniformity of judicial practice.
Admissibility of a Cassation Appeal
Filing a cassation appeal does not automatically mean that the Supreme Court will consider the merits of the case. The Court first determines whether the appeal satisfies the admissibility requirements established by law.
The following may be relevant to the admissibility of a cassation appeal:
- the case raises an issue important for the development of law and the uniformity of judicial practice;
- the decision of the Court of Appeals differs from existing judicial practice;
- the court committed a violation of substantive or procedural law that materially affected the outcome of the case;
- the legal issue under consideration requires interpretation by the Supreme Court;
- another ground provided by law exists.
A cassation appeal must separately and thoroughly explain not only why the decision of the Court of Appeals is incorrect but also why the appeal should be declared admissible.
What Does the Cassation Court Examine?
The cassation court focuses primarily on:
- the correct application of criminal law;
- the legal classification of the conduct;
- material violations of procedural rules;
- protection of the right to defense;
- the legal reasoning of the judgment;
- legal issues concerning the admissibility of evidence;
- whether the reasoning of the Court of Appeals complies with the law;
- the uniformity of judicial practice;
- the lawfulness of the sentence.
As a rule, the cassation court does not conduct a complete re-examination of the factual circumstances of the case and new evidence in the same manner as the court of first instance or the Court of Appeals.
Relief Requested in a Cassation Appeal
Depending on the circumstances of the case and the legal violations identified, the defense may request:
- reversal of the decision of the Court of Appeals;
- modification of the decision;
- acquittal of the convicted person where legal grounds exist;
- modification of the legal classification of the conduct;
- reduction or modification of the sentence;
- adoption of another decision provided by law.
The relief requested in cassation must arise from the legal violations specified in the appeal.
Time Limit for Filing an Appeal or Cassation Appeal
The law establishes specific time limits for filing appeals and cassation appeals. The commencement and calculation of the time limit depend on the pronouncement of the decision, its service on the convicted person, and other procedural circumstances.
Contacting a lawyer should not be delayed after receiving the judgment because it is necessary to:
- review the court’s decision in full;
- examine the case materials and hearing records;
- identify legal violations;
- determine the relief to be requested;
- prepare a substantiated appeal or cassation appeal;
- file the appeal within the time limit established by law.
Failure to meet the deadline may result in the loss of the right to appeal unless grounds provided by law exist for restoring the time limit.
Appeal of a Judgment by the Prosecutor
A judgment may be appealed not only by the defense but also by the prosecution. The prosecutor’s appeal may concern:
- reversal of a judgment of acquittal;
- modification of the legal classification of the charges;
- an increase in the sentence;
- modification of another part of the judgment.
Upon receiving the prosecutor’s appeal, the lawyer must assess each request, prepare a written or oral response, and protect the person from reversal of the judgment or deterioration of their legal position.
What Do the Lawyer’s Services Before the Appellate and Cassation Courts Include?
The lawyer:
- reviews the decisions of the courts of first instance and appeal;
- examines the criminal case materials;
- reviews the records and recordings of court hearings;
- analyzes the evidence presented by the parties;
- identifies factual, procedural, and legal errors;
- assesses the prospects of an appeal;
- prepares an appeal or cassation appeal;
- substantiates the admissibility of the cassation appeal;
- prepares a response to the prosecutor’s appeal;
- represents the interests of the accused or convicted person at the court hearing;
- submits motions and legal arguments;
- requests the reversal or modification of an unlawful or unsubstantiated judgment.