Defence in the court of appeal
It is obvious that the judgement of the court will define the future of the accused. However, judges are human too, and a judge can also make a simple mistake in the judgement by not paying enough attention to arguments of the defence and to the objective aggregate of the collected evidence.
In the appeal procedure it is possible to refer to a material breach of a provision of the law of criminal procedure, or to incorrect application of substantive law.
Defence in the court of cassation
In the appeal in cassation procedure it is possible to refer to a material breach of a provision of the law of criminal procedure, or to incorrect application of substantive law.
Preparation of an appeal or appeal in cassation is a complex process. The counsel must direct attention of the court of higher instance to errors in the judgement of the court of lower instance. It is possible that the court did not examine a witness who was important from the position of the criminal procedure, or the court did not accept a piece of evidence, or there was a breach of the procedure for examination of the accused or witnesses. Such actions of the court may lead to reversal of the judgement.
Some of the questions that arise at the stage of appeal against a judgement:
Was there a breach of any provisions of procedural or substantive law?
What are the prospects of submission of the appeal?
What is the best way of presentation of the arguments of the appeal?