Baudžiamojo proceso atnaujinimas: samprata ir pagrindinės rūšys.
The article analyses a new theme, which has not yet been analysed in Lithuanian research. Though it could hardly be stated that a reopening of the criminal proceedings is the most pressing issue to be analysed by the today’s researchers, nevertheless, this form of control over the reasonableness and lawfulness of court judgements must be given theoretical foundation. This is the only way to give essence to the whole system of control over court judgements that exists in the criminal procedure. It must be consistent. It is necessary to prevent one form of control duplicating another or overlapping with it. Meanwhile, reopening of criminal proceedings, included into the system of control over court judgements, offers the last chance to restore justice in a criminal case. The reasonableness of a court judgement and its lawfulness are subjected to review, review is also extended to the final resjudicata judgements. Such instances when criminal cases are reopened are not frequent in the court practice; and there is nothing wrong in it - the criminal procedure must be stable. Even though reopening of criminal proceedings is an exceptional possibility, it is noted that over a hundred judgements are reviewed every year because of manifestly improper application of law.
- Straipsniai / Articles