Resumption of criminal cases

 

 

1. Having considered the case in accordance with the possibilities of three ordinary courts, the final final decision (judgment, judgment, ruling) enters into force. It embodies the authority of the state and the judiciary, is enforceable and obliges all authorities and individuals to comply with the criminal court's decisions on the factual and legal issues of the case.

 

2. The current Criminal Procedure Code, with its entry into force in 1975, provided for two extraordinary means of verifying the enforceable judicial acts on completed (completed) criminal cases: review under the supervision and resumption of criminal cases. The review, as noted in the previous paragraph, was revoked in 1998. The Institute of Renewal under the CCP reveals its essence in several directions.

(a) The procedural quality of the parties to the case and their legal personality shall be restored for the purpose of carrying out procedural and procedural acts.

B) The action for annulment paves the way for a new examination of the case, for reconsideration of the factual and legal issues of the proceedings and their reconsideration with other realities of formal legal and objective factual nature.

c) Resumption is a means of "neutralizing" the material legal force of the convicted sentence, of its invalidation as an enforcement title and of a criminal justice act.

(d) The specific nature of procedural redress requires the cassation principle of procedural action of the resuming court: it cancels and returns the case for re-examination if there is reason to do so. In no way can the court carrying out the extraordinary court proceedings make a new sentence or accept new facts. It is totally inconceivable that the court resolving the case "on the merits" after it cancels the sentence.

 

3. The resumption of criminal proceedings is a highly responsible activity, which is referred only to the SCC in competence.

The resumption of criminal proceedings under Chapter thirty-third PPC is initiated and conducted in accordance with preconditions that are characteristic of the extraordinary way.

a) Attachment shall be subject to the enforceable judgments and decisions, the enforced judgments and orders under Art. 341, para. 1 (Definitions, Definitions, Obstruction of Criminal Proceedings, etc.), the definitions for approving the agreement which deals with the criminal proceedings, the definitions in which, when examining an appeal against the prosecutor's orders to terminate the pre-trial proceedings, the court approves or amends the termination and the determination of the court under Art. 369, para. 5 of the Code of Criminal Procedure (in the proceedings for review of the case by the court at the request of the accused party under Chapter Twenty-six Code of Criminal Procedure) for the cessation of proceedings.

b) The power of the prosecutor to request the Supreme Court of Cassation to reopen a separate criminal case is subject to certain procedural preconditions: - procedural interest. - active legitimisation. - deadline. - competent court. - form of the document of the referring court.

c) When the Supreme Court of Cassation is considered by the Supreme Court of Cassation under the restitution proceedings, the cassation proceedings concerning: referral, withdrawal of the proposal, etc.

 

4. Grounds for resumption (Article 422 of the CCP).

1. RECOMMENDATIONS - Some of the evidence on which the sentence, decision or ruling is based prove to be untrue; ORGAN (PERSON) SEXING SCI - District or Military District Attorney; JUSTICE OF ESTABLISHING THE BASIS - by a verdict or by an investigation;

2. REMUNERATION - Judge, judge, prosecutor, investigator or investigator has committed a crime in connection with his participation in the criminal proceedings; ORGAN (PERSON) SEXING SCI - District or Military District Attorney; JUSTICE OF ESTABLISHING THE BASIS - by a verdict or by an investigation;

3. REMEDIAL BASIS - Circumstances or evidence which were not known to the court which delivered the judgment, judgment or ruling and are material to the case are disclosed; ORGAN (PERSON) SEXING SCI - District or Military District Attorney; EASO to establish the foundation - by investigation;

4. REASONABLE REASONS - The European Court of Human Rights has found a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is essential for the case; ORGAN (PERSON) SEXING SCC - Chief Prosecutor; JUSTICE FOR ESTABLISHING THE BASIS - by a decision of the European Court of Human Rights;

5. REMUNERATION - According to convictions, decisions and definitions, uncontested by cassation order, there have been significant violations under Art. 348, para. 1, item 1 - 3 PPC; ORGAN (PERSON) CLAIMING SCC - Chief Prosecutor, convicted person; JUSTICE FOR ESTABLISHING THE BASIS - by the order of the restitution proceedings before the Supreme Court of Cassation;

6. REMAINING GROUNDS - Failed to be convicted in absentia