RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 23, 2008 No. 28

About application of the regulations of the Code of penal procedure of the Russian Federation regulating production in courts of appeal and cassation instances

Due to the questions arising at judges when implementing production on criminal cases in courts of appeal and cassation instances and also for the purpose of increase in role of courts of the second instance in timely elimination of the made mistakes, ensuring the correct and uniform application of the criminal and criminal procedure laws Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:

1. Explain to courts that according to requirements of Article 123, of parts 4 and 5 of article 354 Code of Criminal Procedure of the Russian Federation not taken legal effect sentence, determination, the court order can be appealed by the suspect, the person accused, the defendant, the convict, justified, person against whom criminal case is dismissed, their defenders, legal representatives, the victim, his legal representative or the representative, the civil claimant, the civil defendant (in the part concerning the civil action), their legal representatives, representatives, the state prosecutor or the higher prosecutor, the private prosecutor, and also other persons in that part in which the appealed judgment affects their rights and legitimate interests.

If the judgment is appealed by both the state prosecutor, and the higher prosecutor, then regardless of content of the arguments (legal basis) given in them both representations provided that they are given in time, established by the law are subject to consideration.

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