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The Art of Cassation: A Guide to Criminal Procedure

Directorate proceedings, a term often heard but rarely understood, is a complex legal process. Today, we unravel the intricacies of this mysterious procedure.

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21 July, 2024

What is the procedure for a final appeal? What are the steps involved in this process? These are familiar questions about the final appeal procedure. Therefore, to gain more knowledge on this issue, please join us in this article.

1What is a final appeal procedure?

Based on Article 325 of the 2015 Civil Procedure Code (CPC): Final appeal is the “review” of judgments or decisions of the Court that have taken legal effect (have been adjudicated and are in the enforcement phase) but are subject to a final appeal by a competent person (through a document called the “Final Appeal Decision”), due to the discovery of serious violations of the law in the case handling.

Final appeal procedure

The provisions on matters related to the final appeal procedure are stipulated in Part Four, Chapter 18 of the Civil Procedure Code. Thus, it is necessary to understand that:

“Final appeal” is not a trial of a case in the ordinary procedure (which the law stipulates as having two levels: First Instance and Appeal) but is a procedure to review the previous trial.
Through a “final appeal trial”, the final appeal panel will make its conclusion – in a procedural document called the “Final Appeal Decision” – regarding the appealed judgment.
Second, a judgment or decision that has taken legal effect can only be considered under the final appeal procedure when there is a “Final Appeal Decision” by a person with the right to final appeal.

2Who has the right to final appeal?

Upon discovering one of the grounds for final appeal stipulated in Article 371 of the 2015 Criminal Procedure Code, the following persons shall have the right to final appeal:

Subjects with the right to final appeal

The Chief Justice of the Supreme People’s Court and the Prosecutor General of the Supreme People’s Procuracy have the right to final appeal against judgments and decisions that have taken legal effect of the People’s Court of Appeal; judgments and decisions that have taken legal effect of other courts when deemed necessary, except for decisions of the Council of Judges of the Supreme People’s Court;

The Chief Justice of the Central Military Court and the Chief Prosecutor of the Central Military Procuracy have the right to final appeal against judgments and decisions that have taken legal effect of the Military Court of the Military Zone, the Regional Military Court;

The Chief Justice of the Court of Appeal, the Chief Prosecutor of the Court of Appeal have the right to final appeal against judgments and decisions that have taken legal effect of the Provincial People’s Court, the District People’s Court within the territorial jurisdiction.

3Final appeal procedure according to the Criminal Procedure Code

The final appeal procedure according to the Criminal Procedure Code shall be carried out in the following steps:

Step 1 When detecting a violation of the law in the proceedings, the convicted person, agency, organization, or individual shall notify in writing or directly to the competent person or to the nearest Court or Procuracy, together with evidence, documents, and objects (if any).

The written notification must include the following contents: Date, month, and year; Name and address of the notifying agency, organization, or individual; Judgment or decision of the Court that has taken legal effect and has been found to violate the law; Content of the violation of the law detected; Proposal for the competent authority to consider the final appeal.

This document must be signed or thumbprinted by the notifier, and if an agency or organization notifies, the representative must sign and seal.

Step 2 Upon receiving the notification, the Court or Procuracy shall record it. In the case of a report, these agencies must make a minutes. If there is evidence, documents, and objects, a minutes of seizure must be made.

Final appeal procedure according to the Criminal Procedure Code

Step 3 The receiving agency shall immediately send the document, evidence, documents, objects, or minutes to the competent agency to consider the final appeal, and at the same time, notify the convicted person, agency, organization, or individual who has made the proposal or request.

Step 4 The Court or Procuracy considering the final appeal shall request the Court holding the case file to transfer the case file. Within 07 days from the date of receipt of the request, the Court holding the case file must transfer it to the Court or Procuracy that has made the request.

If the Court and the Procuracy both request in writing, the Court holding the case file shall transfer it to the agency that made the request first and notify the agency that made the request later.

Step 5 If the grounds for the final appeal are found to be valid, the competent person shall issue a decision to temporarily suspend the execution of the judgment or decision.

4 Time limit and grounds for final appeal

Time limit for final appeal

Based on Article 334 of the CPC, the time limit for final appeal can be up to 3 years.

The time limit for final appeal can be extended by 2 years from the expiration of the time limit for final appeal if the following conditions are met:

The litigant has requested the competent authority to consider the final appeal and continues to make such a request after the expiration of the time limit for final appeal.
The grounds for the final appeal are that the legally effective judgment seriously violates the law, causing serious harm to the rights and interests of the litigant, third parties, and the public interest, and the final appeal is necessary to rectify the errors in that judgment.

Time limit and grounds for final appeal

Grounds for final appeal

The conclusions in the judgment are inconsistent with the objective circumstances of the case, causing damage to the rights and interests of the litigant.
There are serious violations of procedural rules that prevent the litigant from exercising their procedural rights and obligations.
There are errors in the application of the law, leading to an incorrect judgment.

We have provided you with information about the final appeal procedure. If you have any further questions or concerns about this issue, please refer to and research more on this topic!

Frequently asked questions

The Art of Cassation is a guide to criminal procedure, providing an in-depth understanding of the cassation process and how it can be used to challenge a criminal conviction.

The cassation process is a legal procedure that allows for the review of a criminal conviction by a higher court. It is a way to challenge the decision of a lower court and seek a reversal or modification of the conviction.

The defendant in a criminal case can file for cassation if they believe that there were errors in the application of the law or procedural violations that affected the outcome of the trial.

The grounds for cassation can include errors in the interpretation or application of the law, procedural violations, or new evidence that was not available at the time of the trial.

While an appeal involves a request to a higher court to review the decision of a lower court, cassation is a request to a court of equal or higher rank to review the decision of a lower court. Cassation is typically used to correct errors of law, while appeals can cover a wider range of issues, including factual findings.

The cassation process typically involves several stages, including the filing of a petition for cassation, the review of the petition by the court, the decision on whether to accept or reject the petition, and finally, the hearing and decision on the case if the petition is accepted.

Filing for cassation can result in a reversal or modification of a criminal conviction, providing a second chance for the defendant to receive a fair trial and a just outcome. It can also help to clarify and establish important legal principles and ensure the correct application of the law.

The cassation process can be complex and time-consuming, requiring a thorough understanding of the law and procedural rules. The burden of proof is on the petitioner to demonstrate that errors or violations occurred, and the success rate of cassation petitions can vary depending on the jurisdiction and the specific circumstances of the case.