An appeal
An appeal is a request made by an interested party to a court of appeal to review a non-final (non-binding) decision (judgment or ruling) made by a first-instance court, and to annul or amend it due to factual or legal errors committed by the court.
In the Republic of Lithuania, cases are reviewed in appellate proceedings only upon the filing of an appeal. An appeal is a formal complaint submitted in accordance with the law against a non-final judgment or ruling of the court of first instance.
The right to file an appeal is granted to parties of the proceedings or the prosecutor. Filing an appeal suspends the enforcement of the appealed judgment or ruling.
Cases involving decisions, judgments, and rulings of district (municipal) courts are reviewed on appeal by regional courts. The Court of Appeal of Lithuania (Lietuvos apeliacinis teismas) is the sole court responsible for hearing appeals against decisions, judgments, and rulings of regional courts.
Appeals against a non-final judgment can be filed on any grounds and arguments by the prosecutor, private prosecutor, convicted person, their defense counsel and legal representative, victim, and the victim’s representative.
An acquitted person, their counsel, and legal representative may file an appeal only to the extent it relates to the reasons and grounds for acquittal.
Civil claimants, civil defendants, and their representatives have the right to appeal the part of the judgment related to the civil claim.
Defense counsels of convicted or acquitted persons may only file an appeal if it does not contradict the written will of their client.
If a person is unable to exercise their right to defense due to physical or mental impairments, or if the defendant is a minor, the defense counsel may file an appeal regardless of the defendant’s wishes.
A defense counsel who did not participate in the first-instance proceedings may still file an appeal if the defendant provides written consent and the agreement complies with the Law on the Bar of the Republic of Lithuania.
An appeal must be filed with the court of appeal through the court of first instance that issued the judgment.
An appeal against a court judgment must be submitted within twenty days from the date of its announcement.
Contents of the Appeal
An appeal against a non-final court judgment must be submitted in writing and signed by the appellant. It must include:
- the name of the appellate court;
- the case to which the appeal relates;
- the essence of the part of the judgment being appealed;
- the grounds and arguments for the appeal;
- the appellant’s requests.
Cassation Appeal
A cassation appeal is a written appeal submitted in accordance with the law against a final and binding court judgment or ruling. In the Republic of Lithuania, cassation appeals must be submitted in writing.
The right to file a cassation appeal lies with the prosecutor, the victim, their representative, the convicted person, their defense counsel and legal representative, as well as the acquitted person and their representative. In cases involving crimes committed by legal entities, the representative of the legal entity may file a cassation appeal.
A final court ruling on the application of a compulsory medical measure may also be appealed through cassation proceedings by the person whose case was examined. This right is also granted to their legal representative, family members, or close relatives. A civil claimant, civil defendant, or their representatives may appeal a final court judgment or ruling only if they are also parties to the proceedings.
Cassation appeals may be filed by the Prosecutor General and their deputies. This right is also held by the chief prosecutors of regional prosecutor’s offices and their deputies. The Prosecutor General of the Republic of Lithuania and their deputies may file cassation appeals against any judgments or rulings issued by district or regional courts that are subject to cassation review. They may also appeal judgments or rulings of the Lithuanian Court of Appeal. The chief prosecutors of regional prosecutor’s offices and their deputies may file appeals against judgments or rulings issued by the regional court or by district courts operating within the territory of that region.
The defense counsel may submit a cassation appeal only if it does not contradict the written will of the convicted or acquitted person. In cases where a person cannot exercise their defense rights due to physical or mental incapacity, or is a minor, the defense counsel may file the appeal regardless of their will.
A cassation appeal must include the following:
- The name of the cassation court (the Supreme Court of Lithuania);
- The procedural status of the person filing the cassation appeal, their name, surname, place of residence, permanent or other address;
- The title of the document – “Cassation Appeal”;
- The case to which the appeal relates (the name of the court of first instance that issued the judgment or ruling, the date of the decision, the name and surname of the defendant; the substance of the judgment or ruling (the content of the operative part)) – this information must be provided regardless of whether the decision of the court of first instance is being appealed;
- The name of the appellate court, the date of the decision, and the essence of the appellate court’s decision (if the judgment or ruling of the court of first instance was appealed in appellate proceedings);
- The grounds and reasoning for appealing the judgment or ruling;
- The cassator’s request.
The cassation appeal must be signed by the cassator
A final judgment or ruling may be appealed and the case examined under cassation procedure if:
- The criminal law was applied incorrectly (e.g., when the general provisions of the Criminal Code of the Republic of Lithuania were misapplied, or when the criminal act was classified under incorrect articles, sections, or points of the Criminal Code);
- There were serious violations of the Code of Criminal Procedure (e.g., violations that restricted the defendant’s rights guaranteed by law or that prevented the court from thoroughly and impartially examining the case and delivering a fair judgment or ruling).
Appeal of Lower Court Rulings to Higher Courts
Participants in court proceedings have the right to file appeals with a higher court against a ruling made by a lower court if they believe that the ruling has violated their rights and legitimate interests. Appeals may also be filed by other participants in the proceedings, as well as by individuals who are not involved in the case but have been subjected to coercive measures provided for in the Code of Criminal Procedure (such as a fine or arrest).
An appeal against a ruling of a district court is submitted to the regional court, and an appeal against a ruling of a regional court is submitted to the Lithuanian Court of Appeal within seven days from the date the ruling was issued. The appeal must be submitted through the court that issued the ruling. Upon receiving the appeal, the court must, within three days, forward it along with a copy of the ruling, an explanation from the judge or the presiding judge of the hearing, and other relevant materials to the higher court.
Rulings of the regional court or Court of Appeal of the Republic of Lithuania take effect on the day of their adoption and are final.