THE POSSIBILITY OF LIMITING THE EXERCISE OF THE RIGHT TO APPEAL IN CRIMINAL MATTERS ACCORDING TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
THE POSSIBILITY OF LIMITING THE EXERCISE OF THE RIGHT TO APPEAL IN CRIMINAL MATTERS ACCORDING TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Summary/Abstract: The right to a legal remedy in criminal proceedings, which enables the refutation ofthe legal and factual basis of a court decision, is a guarantor of a legal and correct courtdecision, i.e. the pillar of a legal and fair procedure without which modern criminal proceduralsystems could not be imagined. Guaranteeing and exercising this right contributesto the protection of individual and general interests, as well as the realization of fundamentalprinciples of criminal procedure, such as legality, fairness, truth and legal certainty.Despite the exceptional and unequivocal importance of legal remedies, i.e. appealsin criminal proceedings, in one of the most important international legal instruments inthe field of protection of human rights – the European Convention for the Protection ofHuman Rights and Freedoms, it was proclaimed in such a way that gives the possibilityof its limitation. Pointing out the exceptional importance of this legal remedy, the authoranalyzed the provisions of the European Convention for the Protection of Human Rightsand Freedoms, which proclaimed the right to appeal in criminal proceedings, as well as thedecisions of the European Court of Human Rights, with the aim of pointing out the shortcomingsof the provisions of the Convention that the signatory states provides the possibilityof limiting the review of certain court decisions in criminal proceedings.

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