Use of the right to appeal as a condition of cassation appeal to a court decision on a criminal case

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The article discusses the question of limiting the cassation appeal of a court decision on a criminal case to the condition of its mandatory appeal. The opinion is expressed that the possibility of cassation appeal of court decisions that have entered into legal force, which have not been appealed before on appeal, provided for by domestic criminal procedure legislation, contradicts the extraordinary nature of the cassation proceedings. The authors analyze the domestic criminal procedure legislation of the past period and the foreign criminal procedure law, which relates to the regulation of this issue. The necessity of restricting the appeal by means of a full cassation of only those final court decisions that have entered into legal force that were previously appealed on appeal is substantiated. The authors make concrete proposals for amending the criminal procedure law in this part.

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Cassation proceedings on criminal case, cassation appeal of the sentence, total cassation, final sentence, sentence that has entered into force

Короткий адрес: https://sciup.org/147231524

IDR: 147231524   |   DOI: 10.14529/law200204

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