Chapter Six – Judiciary and Prosecutor's Office
Article 62 – Judicial proceedings
Court judgments may be annulled, changed or suspended only by court, in accordance with the procedures established by law. Other procedures for releasing from a sentence and commuting the unserved part of a sentence shall be determined by law.

Article 266 – Appealing a judgment delivered at a jury trial
1. A judgment of acquittal delivered at a jury trial shall be final and may not be appealed.
2. A party may appeal, a judgment of conviction to the court of appeal by way of cassation if:
a) the presiding judge made an unlawful decision on the admissibility of evidence;
b) while reviewing a motion filed by a party, the presiding judge made an unlawful decision that substantially violated the adversarial principle;
c) the presiding judge made a substantial mistake before the jurors retired to the deliberation room;
d) when rendering the judgment, the presiding judge did not, in full or part, rely on the verdict delivered by the jurors;
e) when rendering the judgment, the presiding judge relied on the verdict delivered in violation of the requirements of this Code;
f) the sentence is unlawful and/or clearly unreasonable;
g) the presiding judge did not take into account the recommendation for mitigation or aggravation of a sentence made by the jury.
3. If the cassation appeal provided for by paragraph 2(a-e) of this article is satisfied, the case shall be transferred to a new jury for a new trial.
4. If the sentencing part of a jury trial judgment is cancelled on the grounds provided for by paragraph 2(f) and (g) of this article, the court of appeal shall, with a judgment, render a new sentence. In this case, the judgment of the court of appeal shall be final and may not be appealed.

Article 300 – General provisions
1. A judgment rendered by a criminal chamber of a court of appeal may be appealed through the cassation procedure if the appellant believes that the judgment is illegal.
A judgment shall be deemed illegal if:
a) the Criminal Procedure Code of Georgia has been substantially violated, which was not revealed or was allowed by the court of first instance or by the court of appeal during the case hearing and adjudication;
b) the action of the convicted person has been improperly qualified;
c) the type or measure of punishment was applied that clearly does not correspond to the nature of the act and the personality of the convicted person.
2. A cassation appeal may be filed by a prosecutor, a superior prosecutor, a convicted person and/or his/her defence lawyer.
3. A convicted person, against whom a judgment of conviction of the court of appeal has been rendered without his/her participation, may appeal the judgment within one month: from the moment of being detained; or from the moment of appearing before the relevant authorities; or from the time of announcement of the judgment of the court of appeal, if the convicted person requests that the cassation appeal be reviewed without his/her participation.

Article 301 – Form of a cassation appeal
1. The appellant shall indicate in the cassation appeal the extent to which he/she is appealing the judgment, and the extent to which he/she requests its annulment or change. The appellant shall also provide grounds for his/her request.
2. A cassation appeal shall include:
a) the name of the court where the appeal is filed;
b) details of the person filing the appeal (name and surname, place of residence, procedural status);
c) the appealed judgment, the court that rendered it, and the date of its rendering;
d) the legal issue that, in the appellant’s opinion, was resolved unlawfully, and facts supporting that;
e) additionally submitted materials.
3. A cassation appeal may also include a statement that the appealed judgment is incompatible with provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, its Additional Protocols, and the case law of the European Court of Human Rights on a similar legal issue.

Article 302 – Filing a cassation appeal
1. A cassation appeal shall be filed with the court that rendered the judgment within one month after the judgment has been announced.
2. A cassation appeal shall be filed with the court that rendered the judgment in as many copies as required for the court to deliver copies to the parties.
3. The court shall, within not later than five days, send a copy of the cassation appeal to the other party(s), so that the latter can file a response. The other party shall file a response with the court within not later than five days after receipt of a copy of the appeal.
4. The appellant may request the court to provide a copy of the response.
5. The case, the appeal and the response shall be sent from the court of appeal to the Supreme Court of Georgia.

Article 303 – Deciding the admissibility of a cassation appeal
1. If the appeal does not comply with the requirements of Article 301(2) of this Code, the court of cassation shall, without an oral hearing, allow the appellant five days to correct the deficiency in the appeal. If the appellant does not comply with the above requirement, the court of cassation shall, without an oral hearing, dismiss the appeal by a ruling. The ruling shall be final and may not be appealed.
2. (Deleted – 8.2.2017, No 260).
3. A cassation appeal shall be admissible if the appellant proves that:
a) the case represents a legal problem and resolving it would contribute to developing law and establishing uniform judicial practice;
b) the Supreme Court of Georgia did not deliver a decision on a similar legal issue before;
c) it is probable that, as a result of considering the cassation appeal, the Supreme Court of Georgia delivers a decision concerning the given case that would differ from the previously existing practice concerning similar legal cases;
d) the decision of a court of appeal differs from the previously existing practice of the Supreme Court of Georgia concerning similar legal cases;
e) a court of appeal has reviewed the case in substantial violation of substantive and/or procedural law norms, and this could have affected the outcome of reviewing the case;
f) the decision of a court of appeal contradicts the Convention for the Protection of Human Rights and Fundamental Freedoms and/or its Additional Protocol(s) and the case law of the European Court of Human Rights on similar legal issues;
g) the appellant is a minor convicted person.
31. The court of cassation shall examine the admissibility of a cassation appeal under the requirements of paragraph 3 of this article. If the cassation appeal meets the above requirements, it shall be considered admissible.
32. The court of cassation may examine the admissibility of a cassation appeal without an oral hearing.
33. The court of cassation shall render a reasoned ruling on the recognition of a cassation appeal as inadmissible. The ruling shall contain a reasoned rebuttal of the grounds of admissibility indicated by the appellant.
4. A ruling of the court of cassation finding the appeal as inadmissible shall be final and may not be appealed. Within five days after delivering a ruling finding the cassation appeal as inadmissible, the court shall notify the parties in writing, and if a cassation appeal of the prosecutor has been found to be inadmissible, also the superior prosecutor.
5. If the court of cassation finds the appeal admissible under a ruling, it shall set a date for the cassation hearing. A cassation hearing shall be held within a month after the appeal has been found to be admissible.
6. The court of cassation may review a case without an oral hearing.
7. Before a final decision is made, the appellant may withdraw his/her appeal.
In such a case, the court of cassation may, without an oral hearing, deliver a ruling dismissing the appeal; the ruling shall be final and may not be appealed. An appeal may not be filed again.
8. A final decision on a cassation appeal shall be delivered at a court of cassation within not later than six months after the case and the appeal have been submitted to the court of cassation.