Limiting The Power of The Appeal Court to Return Cases for New Proceedings Before The First Instance Court

Authors:

Pages: 13-18

Abstract:

The amendment of the Criminal Procedure Code, adopted in 2011, limits the power of appellate court in second appeallate hearings, to return the case for retrial of the first instance, and requires deciding the merits – art. 335, par. 3 of Criminal Procedure Code. This new provision leads to violation of fundamental principles of criminal justice and limits procedural rights of the parties. Instead of the desired improvement of the efficiency of the criminal proceedings, which is proclaimed in the reasoning of the bill, the opposite effect is achieved – creating very serious problems that can lead to judgments of the European court of Human Rights in Strasbourg in complaint against this provision. Therefore, this provision should be repealed.

Keywords:

Appellate review, power of appellate court, returning the case for retrial, substantial procedural violations

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