Success before the Supreme court: Hope even in seemingly lost criminal cases

We joined the case only after the appellate court had confirmed an unconditional prison sentence. At that point, the judgment was final, and our client was facing imminent incarceration. The courts considered the matter closed, and the defence options appeared to be exhausted. Despite this, we chose to pursue the final available remedy — an appeal to the Supreme Court. At the same time, we asked the Court to suspend the execution of the sentence to prevent our client from being imprisoned before a decision was made.

First the suspension, then the reversal

The Supreme Court granted our request for a stay of execution, allowing the client to remain free pending the outcome of the appeal. This in itself was a significant step — such suspensions are rare and typically granted only when the Court sees a real prospect of success.

The Court then reviewed the appeal in detail and found it justified. A key argument we raised was accepted — not only by the Court but also by the prosecutor at the Supreme Public Prosecutor's Office.

One crucial procedural flaw

The core reason for the reversal was a serious procedural error by the lower courts: our client had been convicted for certain alleged offences that had never been properly prosecuted. In other words, the courts ruled on something that had not been lawfully brought to trial. Such a fundamental violation cannot stand. This single but critical error led the Supreme Court to overturn both the first-instance and appellate decisions.

Part of the case will now return to the trial court, and another part will be reopened all the way back in the pre-trial stage. In practice, this represents a major turning point — new evidence, new legal assessment, and most importantly: a new opportunity for our client.

A successful appeal? An exceptional result.

Filing a criminal appeal is one thing — succeeding before the Supreme Court is another. Statistically, only a small fraction of such appeals are granted. In this case, we succeeded — despite the fact that the judgment was already final and imprisonment was just around the corner.

A successful appeal requires time, careful analysis, and experience. This case shows that even in a very difficult legal situation, effective legal assistance can make all the difference. And that it's worth seeking help — even when things seem hopeless. Sometimes a small step can bring a major shift.

Mgr. Petr Motyčka