Recovery in Criminal Proceedings Cover Image

Recovery in Criminal Proceedings
Recovery in Criminal Proceedings

Author(s): Zita Fejesné Varga
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Scientia Kiadó
Keywords: legally binding; extraordinary remedy; retrial; criminal proceedings

Summary/Abstract: Retrial is an extraordinary legal remedy which allows for the review of a final decision when pursuing the truth –under strict legal conditions –and may precede the requirements of legal certainty appearing as legal force. After a final court decision, retrial is a frequently used method in criminal proceedings; so, in my research, my objective is to examine retrial cases. This required the complete review of all 147 cases related to retrials and completed in 2005 at the Court of Appeal of Debrecen as well as the review of 174 retrial cases in 2014 from various aspects. According to the summary, a final decision is rarely changed in a retrial process; however, the fact is that if error is eliminated just in one single case, it is an indication that retrial is a necessary legal institution.

  • Issue Year: 6/2017
  • Issue No: 1
  • Page Range: 25-44
  • Page Count: 20
  • Language: English