Ispitivanje činjenične osnove krivične presude
Метаподаци
Приказ свих података о дисертацијиСажетак
The subject of the research is examination of the factual basis of an
non final and final criminal judgment. The research included an
international and national legislative basis. The possibilities of
examining and reviewing factual basis of the court decision were
analyzed. Possible causes, which lead to the existence of factual
deficiencies, as well as the implications that the deficiencies in the
established factual basis have on the application of the law, are
examined. The object of the author's observation is acting of higher
judicial instances, in the examination of the factual basis. The object
of the author's attention is also the conduct of the first-instance court,
in the case of a new trial, after the cancellation of the judgment, due
to established factual deficiencies. The aim of the research is the
theoretical analysis of the normative framework, which regulates the
examination of the factual basis of the criminal judgment, as well as
the practical evaluati...on of the application of the legislative basis, in
the case law. During the research, were used historical, comparative,
legal (dogmatic) method, statistical method and method of content
analysis. Based on theoretical research, it was concluded that the
change in the model of criminal procedure implies changes in the
corpus of subjects, which determine the facts, in the scope of the facts
that are proven, as well as the degree of certainty that they establish.
The author also concludes that the reform interventions in our
criminal proceedings affect the scope of the judgment's factual basis
examination. Based on the analysis of the legislative basis, the author
concludes that, during the making of normative basis of procedure for
reviewing the facts, must be taken into account the efficiency of the
criminal procedure, as well as the need to fully and accurately
determination of the judgment's factual basis. By analyzing of the
normative basis for reviewing of the final judgment's factual basis, it
was drawn the conclusion that it was prescribed excessive powers for
the rejection of the request for repetition of the proceedings. The
author also pledges for repeating the proceedings at the expense of the
defendant, within the legally prescribed limits. Based on the results of
the empirical research, the author concludes that the examination of
the factual basis of an non final judgment is very often in court
practice. On the other hand, the examination of the factual basis of a
final judgment is rare, and the number of accepted requests for
reopening of criminal proceedings is even lower. Based on the results
of the empirical research, the author calls into question the
effectiveness of the legal remedy request for reopening of criminal
proceedings.