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Criminal Court of Appeal

Cases with appeals against the judicial acts of the Courts of First Instance are being examined by RA Criminal Court of Appeal (hereinafter Court of Appeal). 

The defendant, his/her defense attorney and the legal representative, the Prosecutor (accuser) or the higher Prosecutor, the aggrieved, his/her representative, legal representative and successor have the right to lodge an appeal against the judicial acts of the Courts of First Instance. The civil plaintiff, civil respondent or their representatives have the right to appeal the judicial act by the part of civil claim. Persons who are not parties of that case have also the right to lodge an appeal by the part of the civil claim, if the judicial act touches upon their interests. The Prosecutor (accuser) or the higher Prosecutor does not have the right to appeal against the judicial act deciding the case on merits by the civil claim part, except for the cases, when the civil claim touches upon the valuable interests of the state. 

The following are subject to be appealed by the order of reexamination:
1. the judicial acts deciding the case on merits of the Courts of First Instance, which have not come into legal force, within one month from the day of their promulgation;
2. the judicial acts deciding the case on merits of the Courts of First Instance, which have come into legal force in such exceptional cases, in which such fundamental material or procedural right's violations have been made during the previous judicial examination of the case, in the result of which the adopted judicial act distorts the very essence of justice, within six months from the moment of coming into legal force;
3. the judicial acts deciding the case on merits of the Courts of First Instance, which have come into legal force, with newly emerged circumstances within 4 months from the moment, when the person who lodged the complaint has known or could know about their arising. Reviewing the Decisions on the verdict of acquittal and quashing the case proceedings or stopping the criminal prosecution is allowed only within the deadlines of bringing to a criminal responsibility. The reviewing of the act by which the verdict of guilty was made as a result of arising of such circumstances, which show the guiltlessness of the convict, or the commitment of a more mitigating crime by him, than that for which he was convicted, is not limited by deadlines;
4. the judicial acts deciding the case on merits of the Courts of First Instance, which have come into legal force, with new circumstances within 3 months from the moment, when the person who lodged the complaint has known or could know about their arising;
5. the Decisions on quashing the case proceedings of the Courts of First Instance within ten days from the moment of their promulgation;
6. the Decision on choosing detention as precautionary measure, changing or annulling, placing persons into a medical establishment within five days from the moment of its promulgation, and the Decisions on search, seizure, as well as on limiting the right of confidentiality of correspondence, telephone conversations, by post, telegraphic or other communication within ten days from the moment of their promulgation;
7. the Decisions connected with the complaints against the employee of the body of inquiry, investigator, Prosecutor, Decisions and actions (inaction) of the bodies implementing operative-search actions of the Court of General Jurisdiction, within ten days from the moment of their promulgation;
8. the Decisions of the Court on handing over;
9. the decisions on the issues connected with the execution of judicial acts administered by the Court;
10. other judicial acts for cases stipulated by the Code. 

The grounds for lodging an appeal are a judicial error: such a violation of material or procedural right, which could influence the outcome of the case, newly emerged or new circumstances. 

Persons, who have the right to submit a complaint in case of missing the deadline defined for appealing on good reasons, can make a petition before the Court, which has executed the judicial act, to recover the missed deadline. 

The person who lodged the complaint and the person for the protection of whose interests has been lodged a complaint, have the right to withdraw it before starting the Court session in the Court of Appeal, the defense attorney does not have the right to withdraw the complaint submitted by him, without the consent of the client. 

The appeal must include:
1. the name of the Court to which the complaint is addressed;
2. data on the person who brought the complaint, noting his/her procedural status, the place of abode or his/her whereabouts;
3. the judicial act which is appealed and the name of the Court that has executed it;
4. a note on whether the judicial act is appealed thoroughly or by one part;
5. grounds and the demand of the complaint;
6. justifications of the violations of the norms of material or procedural rights mentioned in the appeal, as well as their influence on the outcome of the case, or which are the grounds of reviewing the case resulted by the newly emerged or the new circumstances;
7. in case of availability, the proofs by which the applicant justifies his/her demands, and which must be investigated in the Court of Appeal, including the proofs, which were not preliminarily investigated in the Court of First Instance;
8. the list of materials attached to the complaint;
9. signature of the person submitting the complaint. 

In case if the appeal does not comply with the mentioned requirements, has been lodged by a person who did not have the right to do so, or the deadline of the complaint is overdue, or has been lodged against such a judicial act, which is not subject to be appealed, or has been lodged by a violation of the requirement of the Article 375.4 of the Code, it is left without examination by the Decision of the Court of Appeal. The Court of Appeal can refuse to take the appeal of a lower placed Court lodged against the judicial act into proceedings, only in case if the requirements set forth for the appeal have not been met, except for the cases stipulated by the Criminal Procedure Code. 

The grounds, justifications and the demand of the appeal are being submitted exceptionally in the appeal, and they cannot be amended and supplemented during the judicial case examination.
The examination of the cases received on the ground of the appeal, is started by the Court of Appeal within 15 days after the day of receiving the criminal case or the material. In case of the availability of good reasons, the deadline can be prolonged by the Decision of the Court examining the case, but for not more than 10 days.

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