Naujai paaiškėjusios aplinkybės-baudžiamosios bylos atnaujinimo pagrindas.
The article analyses a new theme, which is concerned with one institute of the criminal procedure - reopening of criminal cases. There are three types of reopening of criminal cases. The oldest and classical type is the reopening of criminal cases due to newly discovered facts. The newly discovered facts are described in Article 444 of the Code of Criminal Procedure and are the ground of reopening the procedure. The newly discovered facts are defined in the textbook of criminal procedure. In the article this definition is analysed, limitations are excluded and a new definition of newly discovered facts is formulated. The newly discovered facts are juridical facts, which are accepted in another criminal judgment or by the court, deal with the facts about which the court did not know before, and which show that the sentence was incorrect. The article identifies the features of the newly discovered facts and analyzes them. The law classifies the newly discovered facts into four different groups. In the opinion of the present author, the features and groups are not clearly distinguished. It would help the judicial practice to clarify the distinction. The article presents an analysis of the judicial practice in these cases. The article discusses the questions which arise at the stage of execution of sentences. The practice has serious drawbacks, some of which are dealt with at the stage of reopening of criminal cases. This situation is analysed and examples of court judgments are presented [...].
- Articles / Straipsniai