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Yalanzhi & PartnersCriminal defence in Russia

Case results

Verdict quashed and case reopened — Articles 158, 222 and 105, cassation

Articles 158, 222 and 105 of the Criminal CodeCassationVerdict quashed

Before

Conviction

After

Verdict quashed, case reopened

How

Substantial breaches of the Criminal Procedure Code in the examination of the evidence.

The situation

A conviction on several charges including murder. The defence identified substantial procedural breaches in how the evidence had been examined.

The result

The cassation court quashed the verdict and the case was reopened.

In detail

Analysis

The test that was met

Article 401.15 of the Criminal Procedure Code allows a cassation court to intervene only where there were substantial breaches of the criminal law or of criminal procedure that affected the outcome of the case. That is a high threshold, deliberately. It is met by things like evidence admitted in breach of Article 75, a verdict founded on material never examined in the hearing, or the denial of a defence lawyer or an interpreter — not by disagreement with the court's conclusions.

Why multi-charge cases produce these grounds more often

Where several articles are tried together, the volume of material is large, hearings run over months, and the rules on combining sentences under Article 69 come into play. Procedural corners get cut, and errors in the sentencing arithmetic are common and visible on the face of the verdict. In cases of this shape, the strongest cassation grounds are frequently the most technical ones.

Published in summary form with identifying details removed. A result obtained in one case is not a prediction for another: outcomes depend on the evidence, the classification and the procedural history of the specific case.

See also

Other case results