Granice ispitivanja i pravci odlučivanja višeg suda o žalbi protiv kaznene presude
The scope of appellate review and the right decision of a higher court on appeal against a criminal judgement

Summary/Abstract: The author provides a theoretical and legislative representation legal regulation scope of appellate review and the right decision of a higher court on appeal against a criminal judgement. Justification (ratio legis) the existence of these scope the author sees in the fact that it provided a framework jurisdiction of the court in the process of deciding on a legal remedy. The importance of proper and complete determination of the boundaries of the criminal judgement derives from the function of the existence and activities of higher (the second instance) courts, whose main task is to eliminate the harm that an individual suffers from an erroneous judicial decision in any way at the same time ensuring the uniform application of the law in relation to all citizens, thereby achieving the rule of law in society. Legal basis scope of appellate review contained primarily in the Criminal Procedure Act, and indirectly in other legal sources. The paper border and line testing of the first instance criminal judgement shown from three aspects: the challenged part of the judgment, the basis and direction rebuttal. This test can be in contested and uncontested part of the judgment, within the scope of the appeals and beyond the boundaries of the appeal, in the direction of rebuttal and against the direction of rebuttal. The author specifically indicates that within each of these decision a higher court can make a variety of interventions in the contested judgment and in this connection make different decisions.

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