Ispitivanje činjenične osnove krivične presude

Abstract

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 evaluation 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.