OGRANIČENO PRAVO NA IZNOŠENJE NOVIH ČINJENICA I PREDLAGANJE NOVIH DOKAZA U ŽALBI
LIMITED RIGHT TO PRESENT NEW FACTS AND PROPOSE NEW EVIDENCE IN APPEAL

Summary/Abstract: Beneficium novorum is the procedural concept that provides an possibility to present new facts and propose new evidence in appeal, as well as possibility to raise a new substantive and procedural objections. The right to present new facts and propose new evidence in appeal belongs only to scrupulous appellant. The Law on Civil Procedure does not specify which new facts and new evidence may be presented in the appeal, only that the appellant must be scrupulous. Moment when the facts occured and when the appelant became aware of them is crucial for their presentation. In the appeal may be presented only subjectively new facts that have occurred up to the conclusion of the trial before the first instance court and by scrupulous appellant. For new evidence is irrelevant when they incurred, but it is important when the appellant learned about them. Evidence that existed before the conclusion of the trial may be propose for the first time in the appeal by the scrupulous appellant, concerning facts discussed during the first instance proceedings, as well as to subjectively new facts. Evidence that occurred after the conclusion of the trial could be proposed in the complaint to determine subjectively new facts, and not those facts presented by the parties during the first instance proceedings. Appellate court decides on beneficium novorum on a panel session so as to a priori determines whether they will be taken into consideration. If the appellate court accepts the beneficium novorum, then onwards it shall detrmine whether they are legally relevant and depending on that decides to reject beneficium novorum or schedule hearings before the court of second instance. Compared to earlier cassation authority, accoding to which the appellate court could overturned the first-instance judgment because of the relevant beneficium novorum, now it has jurisdictional authority, after conducted hearings, decides on the merits of the request set, so that it is adopted or rejected.

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