The Witness Has No Right to Appeal Against the Judgment in Part of the Court's Assessment of the Credibility of His Testimony - the Supreme Court

According to paragraph 10, part 1 of Art. 393 of the Criminal Procedure Code of Ukraine, other persons may lodge an appeal in the cases provided for by this Code if the appealed judgment concerns their rights, freedoms and interests.

In case a judgment (ruling on the application of compulsory measures of an educational nature or on the application of compulsory measures of a medical nature) adopted in relation to one person contains a conclusion regarding the rights, freedoms and interests of another person, then the latter, on the basis of paragraph 10, part 1 of Art. 393 of the Criminal Procedure Code of Ukraine and guided by the general principles of criminal proceedings, including paragraphs 1, 2, 10, 17 of Art. 7, part 6 of Art. 9, parts 1 and 2 of Art. 24 of the Criminal Procedure Code of Ukraine, has the right to apply to a higher court with an appeal against this court decision in terms of his/her rights, freedoms and interests.

However, a witness who, in criminal proceedings, provided information about the circumstances known to him, is not a subject entitled to appeal against the judgment in terms of the assessment of the credibility of his/her testimony.

This conclusion was reached by the Joint Chamber of the Criminal Cassation Court within the Supreme Court, which considered the cassation appeal lodged by a lawyer in the interests of a person (a witness in criminal proceedings) against the ruling of the court of appeal issued in this proceeding on the charge of another person.

As noted by the Joint Chamber of the SC Criminal Cassation Court, an exhaustive list of persons entitled to appeal is defined in Art. 393 of the Criminal Procedure Code of Ukraine. However, each of the subjects identified by the legislator has the right to appeal against a court decision only for certain reasons and grounds, i.e. in a certain procedural part.

Therefore, in order to decide on the possibility of conducting proceedings in the court of appellate instance, it is not sufficient for the court of appeal to establish whether the appellant who lodged the complaint is the person specified in Art. 393 of the CPC of Ukraine, but it is necessary to properly resolve whether the person who lodged the complaint has violated the limits of the appeal established by the criminal procedure law.

The provisions of the CPC of Ukraine do not define a witness in criminal proceedings as a subject of appeal against judicial decisions. However, persons other than those referred to in paragraphs 1–9-3, part 1 of Article 393 of the CPC of Ukraine may be considered as subjects of appeal, in the cases provided for in this Code.

Resolution of the Joint Chamber of the SC Criminal Cassation Court in case No. 654/1820/18 (proceedings No. 51-3251кмо20) – https://reyestr.court.gov.ua/Review/101855118.

Separate opinion of the judge - https://reyestr.court.gov.ua/Review/101913259.

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