Criminal cassaction trial

The Supreme Court hears the cassation appeal at a hearing, and in cases provided for by law - at a meeting without the participation of the parties. While absolute grounds for appeal apply to the entire court proceedings, gross violations of the law - as the basis for cassation - must be closely related to the appeal proceedings. Cassation proceedings do not constitute a third instance, nor do they mean re-examination of a case that has already ended with a final judgment.

Cassation is an extraordinary means of appeal aimed at examining allegations against the appellate court, which amount to questioning the manner of its conduct and the scope of the instance review carried out by it. At the same time, the scope of cassation review - apart from the circumstances taken into account ex officio - is determined by the limits of the allegations formulated in the extraordinary appeal (II KK 243/20).