Cassation instance

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Cassation (Latin, cassation – disaffirmation) involves examining rule of law of a judgment or a decision of a lower instance court. A cassation instance does not review a case on its merits; its competence does not include clarifying the facts of the case and examining and evaluating evidence. The cassation instance examines conformity of a judgment appealed with provisions of substantive and procedural law and decides on the basis of relevant case materials. Judgements and decisions by cassation instance may not be appealed.

The cassation instance is the Department of Civil Cases, the Department of Criminal Cases and the Department of Administrative Cases of the Senate. 

Departments of the Senate review cassation complaints and in civil cases and criminal cases – also cassation protests against decisions in cases heard under an appeals procedure.

The Department of Administrative Cases hears also cassation complaints and protests against decisions adopted by first instance courts (in some categories of cases the Administrative Regional Court is the first instance court). Regarding particular categories of cases stipulated in procedural laws, the Senate is also the cassation instance for decisions of the first instance courts (which are not subject to appeal).

In 2017 the Supreme Court under cassation priocedure has reviewed 3280 cases, including 1579 civil cases, 817 criminal cases and 884 administrative cases. See more information on statistics here.

Composition of the Court. Departments of the Senate examine cases collegially, with three judges. In certain cases under the Civil Procedure Law, the case is reviewed in extended composition of the department, while in other cases under the Administrative Procedure Law the Department of Administrative Cases may examine a case in assembly. The Criminal Procedure Law requires that where a decision was taken by the Department of Criminal Cases of the Senate, the opinion of the prosecutor and submitted materials on the newly established facts of the case must be reviewed by five judges of the Supreme Court who had not previously participated in the hearing of the particular criminal case.

Security deposit. Filing cassation complaint in a criminal case does not involve payment of a security deposit. However, upon filing cassation complaint in a civil case a security deposit in the amount of EUR 300.00 must be paid and, upon filing cassation appeal in administrative case a security deposit in the amount of EUR 70 must be paid. The security deposit is refunded, if the department amends the appealed judgement in full or partly, or if the cassation complaint is revoked prior to the assignment sitting of the department. The persons, who are exempt from paying the state fee in accordance with the law or a decision taken by the court or a judge, are not required to pay the security deposit. 

You may see more about security deposit payments here

Representation. In civil cases, natural persons may conduct cases in cassation instance court personally or through an advocate, and cases of legal persons shall be conducted by officials who act within the scope of authority conferred upon them pursuant to law, articles of association or by-law, or by an advocate.  In criminal cases, In criminal cases, cassation complaint may be filed by an accused, his or her defence counsel, a victim, his or her representative and lawful representative, and a public prosecutor is entitled to file a cassation protest.