ПРАВНА ПРИРОДА И ЗНАЧАЈ НОВОГ ОПТУЖЕЊА ПОСЛЕ ОСЛОБАЂАЈУЋЕ ПРЕСУДЕ
LEGAL NATURE AND IMPORTANCE OF A NEW ACCUSATION AFTER AN ACQUITTAL SENTENCE

Summary/Abstract: The author considers in the article the legal conditions for new accusation after an acquittal sentence, and then the conceptions on legal nature of that institute. The author criticizes the thesis on new accusation after the acquittal sentence as a kind of direct accusation and as a means for eliminating the negative consequences of strict adhering to the objective identity between the sentence and the accusation (charges). The author particularly analyzes similarities and differences between the new accusation and the new trial (new criminal proceedings). In the next section the author elaborates his conception on new accusation as an extension of the charges of a sui generis nature, since it differs from the classical extending of charges at the main trial. As far as legal importance of new accusation is concerned, the thesis is provided according to which it amounts to an expression of the narrow conception of the objective identity between the sentence and the charges. The author also points at irregularities of those theoretical interpretations which, in the possibility of milder sentencing by the court, see the example of wider conception of relationship between the sentence and the charges. In concluding the study the author, in addition to her basic theses in relation to the institute of new accusation after an acquittal sentence, emphasizes also the fact that the objective identity of the sentence and of the charges has been considered in the study only within the frameworks of the existing legal provisions, and not through possible solutions of this issue de lege ferenda.

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