LEGAL NATURE OF THE EXAMINATION DE NOVO OF VALID RULINGS IN CRIMINAL PROCEEDINGS

Abstract

In this article, the author examines recent developments of the existing criminal procedure legislation with regard to the fresh examination of valid judicial decisions. According to the principle of legal certainty (res judicata), no appeal may lie from a decision that has already entered into force in a criminal case. However, if such a decision proves to be unlawful, the right of persons to a fair trial and a fair final judgment should be regarded as a priority with respect to the principle of legal certainty and legal means should be found for fresh examination or review.

The goal of this article is to examine the legal framework and role in criminal proceedings of the following two legal institutions: the re-opening of criminal proceedings due to newly discovered circumstances and the fresh examination of valid decisions due to serious breaches of substantive or procedural law.

The tasks of this article are to investigate the fresh examination of valid decisions as defined in the Criminal Procedure Law, opinions provided by legal researchers and relevant case-law. As a result of the research, conclusions are formulated with regard to the legal significance of the fresh examination of valid decisions, and specific suggestions are provided for the improvement of the existing legal framework.

The research is based on the analysis of legislation, court decisions, conclusions and opinions. For this article, the author has examined interrelations and differences of the procedural framework according to analytic and synthetic methods and benchmarked specific provisions against other laws based on the comparative method. The methods of grammatical, systemic and teleological interpretation have also been applied in analysing specific legislation and determining the spirit and purpose of laws.