CHARACTERISTICS OF REVISION OF SENTENCES IN CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
05.10.2016
Accepted:
24.10.2016
Published:
24.10.2016
Language:
Russian
Keywords:
criminal justice, revision of verdicts, cassation proceedings, court of cassation, appeal form, appeal procedure, extraordinary forms of appeal.
Abstract (English):
In this article the author examines the system of judicial stages on the revision of sentences in criminal proceedings of foreign countries, for example France, Germany, Belarus and Kazakhstan. The author analyzes the norms of criminal procedure legislation of these countries which are regulating the grievance procedure, the procedure, grounds and forms of review of sentences that entered and not entered into force in courts of the different levels of the judicial system of these countries. The author draws attention to the organization of the system of judicial stages which review the judicial decisions in criminal proceedings in the above mentioned countries, which consists of 3 instances, mutually explanatory of each other by forms, procedure, the object and limit of the criminal proceedings, the grounds for cancellation or changing of judicial decisions. The author notes that in the system of courts of the countries under consideration only once was reviewed the judicial decision entered into legal force. The author identifies a number of characteristics of the organization and activities of judicial stages to review verdict in the above mentioned countries, which may be of interest for the further reform of domestic legislation governing the organization and activity of control procedures in criminal proceedings.
In this article the author examines the system of judicial stages on the revision of sentences in criminal proceedings of foreign countries, for example France, Germany, Belarus and Kazakhstan. The author analyzes the norms of criminal procedure legislation of these countries which are regulating the grievance procedure, the procedure, grounds and forms of review of sentences that entered and not entered into force in courts of the different levels of the judicial system of these countries. The author draws attention to the organization of the system of judicial stages which review the judicial decisions in criminal proceedings in the above mentioned countries, which consists of 3 instances, mutually explanatory of each other by forms, procedure, the object and limit of the criminal proceedings, the grounds for cancellation or changing of judicial decisions. The author notes that in the system of courts of the countries under consideration only once was reviewed the judicial decision entered into legal force. The author identifies a number of characteristics of the organization and activities of judicial stages to review verdict in the above mentioned countries, which may be of interest for the further reform of domestic legislation governing the organization and activity of control procedures in criminal proceedings.
Keywords:
criminal justice, revision of verdicts, cassation proceedings, court of cassation, appeal form, appeal procedure, extraordinary forms of appeal.
criminal justice, revision of verdicts, cassation proceedings, court of cassation, appeal form, appeal procedure, extraordinary forms of appeal.
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