Appeal in cassation in criminal cases: when is it useful?
Has your criminal case been lost on appeal and are you considering cassation? Or has your lawyer mentioned cassation, but you are not sure what this entails? Then it is important to know what cassation is and what it is not.
Every day, people search for "cassation criminal case, " "cassation Supreme Court, " and "when to file for cassation." In this blog, we explain clearly and realistically when cassation is useful and when it is not.
What is cassation in criminal law?
Cassation is a procedure before the Supreme Court. The Supreme Court assesses:
not the facts again,
but only whether the law has been correctly applied,
and whether the judgment of the court of appeal is sufficiently reasoned.
Cassation is therefore not a third court of fact.
When can you appeal to the Supreme Court?
An appeal may be lodged:
after a court ruling,
within 14 days of that ruling.
If this deadline is missed, cassation is no longer possible.
What can the Supreme Court do?
The Supreme Court may:
uphold the ruling,
set aside the judgment,
or refer the case back to another court of appeal.
The Supreme Court does not conduct new investigations into evidence.
When is cassation likely to be successful?
Appeal may be useful when:
the law has been applied incorrectly,
essential rules have been violated,
the court has not provided sufficient grounds,
or procedural errors have been made.
Cassation is not appropriate if you simply disagree with:
the assessment of evidence,
or the severity of the punishment (without legal error).
Does cassation affect your sentence?
In principle:
the ruling remains valid until the Supreme Court decides,
the sentence is not automatically suspended.
In some cases, a lawyer may:
request suspension of enforcement.
Do you require a lawyer for cassation proceedings?
Yes.
Cassation requires the mandatory assistance of a specialized cassation lawyer. Not every criminal lawyer is allowed to file an appeal with the Supreme Court.
A cassation lawyer:
assesses whether cassation is promising,
drafts grounds for cassation,
and monitors the strict deadlines.
Considering cassation? Have it assessed quickly
Appeals are complex, and the chances of success vary greatly from case to case. A quick legal assessment prevents unnecessary proceedings.
👉 Are you considering appealing your criminal case and want to know if this is worthwhile? Contact us for a no-obligation initial consultation. We will put you in direct contact with a specialized criminal defense attorney.