The Supreme Court explained the procedure for reviewing a court decision based on newly discovered or exceptional circumstances
The resolution by the appellate court of issues related to the review based on newly discovered circumstances of the verdict of this court, issued by it under the 1960 Criminal Procedure Code as a court of first instance, contradicts the rules of jurisdiction defined by Articles 33 and 463 of the Criminal Procedure Code and constitutes a significant violation of the requirements of the Criminal Procedure Code. Therefore, the consideration of the application of a person convicted by the verdict of the appellate court as a court of first instance should take place in the court of first instance. This conclusion was made by the panel of judges of the Third Judicial Chamber of the Criminal Cassation Court of the Supreme Court on 18.05.2026 in case No. 1-8/2005.
Positions of the courts of first and appellate instances
The appellate court returned the convicted person's application for review of the court decision based on newly discovered and exceptional circumstances of the appellate court's verdict dated 15.07.2005.
In the cassation appeal, the convicted person claims a formal approach by the appellate court when considering her application.
Position of the Criminal Cassation Court of the Supreme Court
The appellate court's ruling was canceled and a new hearing was scheduled in the appellate court.
The panel of judges of the Criminal Cassation Court indicated that according to part 1 of Article 33 of the Criminal Procedure Code, due to changes in the current legislation of Ukraine, appellate courts are not courts of first instance and are deprived of the ability to review verdicts of courts of first instance based on newly discovered circumstances. Therefore, the consideration of the application of a person convicted by the verdict of the appellate court as a court of first instance should take place in the court of first instance.
The resolution by the appellate court of issues related to the review based on newly discovered circumstances of the verdict of this court, issued by it under the 1960 Criminal Procedure Code as a court of first instance, contradicts the rules of jurisdiction defined by Articles 33 and 463 of the Criminal Procedure Code and constitutes a significant violation of the requirements of the criminal procedural law.
In view of the above, the appellate court had no authority to review the verdict of the appellate court dated 15.07.2005 based on newly discovered and exceptional circumstances.
The resolution of the panel of judges of the Third Judicial Chamber of the Criminal Cassation Court of the Supreme Court dated 18.05.2026 in case No. 1-8/2005 (proceeding No. 51-218km26) can be found at this link.
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