Overcoming the contradictions between decisions of appeal court in criminal procedure
Автор: Dikarev Ilya Stepanovich
Журнал: Legal Concept @legal-concept
Рубрика: Процессуальное право: вопросы теории и правоприменения
Статья в выпуске: 3 (24), 2014 года.
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The article is devoted to the efficiency analysis of the legal order of overcoming contradictions arising in case of appellate claims and productions in appeal court after considering the given criminal case. The author comes to the conclusion that since the law assumes the secondary trial of a case in the appellate order, the decisions of appeal court rendered earlier are not considered to be prejudicial. The author goes against the correctness of the acting order of overcoming contradictions between decisions of appeal court as reconsidering such decisions depends on the election of the parties. In the author's opinion, it is reasonable to insert changes into the criminal process legislation giving the appeal court the opportunity to reconsider the same criminal case, if it is necessary, and the right to reject decisions made earlier.
Appeal, cassation, prejudice, appealing, right to judicial protection, appeal court, cassation court
Короткий адрес: https://sciup.org/14973606
IDR: 14973606