DEFENCE PRIVILEGES’ IN THE LEGAL REMEDY PROCEEDINGS Cover Image

ПРЕДНОСТ ОДБРАНЕ У ПОСТУПКУ ПО ПРАВНИМ ЛЕКОВИМА
DEFENCE PRIVILEGES’ IN THE LEGAL REMEDY PROCEEDINGS

Author(s): Saša Knežević
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Нишу
Keywords: legal remedies; defence privilege; appeal; privileges; procedural equitability; prohibition of reformatio in peius

Summary/Abstract: By lodging an appeal for a legal remedy, the defendant is given an opportunity to procure a more favourable judgement The system of legal remedies encoded in the Criminal Proceedings Code provides the defendant with optimal declarative privilege in criminal proceedings. Defendant privileges in proceedings on appeal are the provisions of the Criminal Proceedings Code. This code envisages a wider range of persons entitled to lodge an appeal on behalf of the defendant, as well as the treatment of incomplete appeals lodged on behalf of the defendant. It also envisages the liability of the competent court of appeal which is to officially inquire "if criminal law has been violated at the expense of the defendant". The Criminal Proceedings Code has generated optimal institutional assumptions for procuring the defendant's privileged procedural standing, including the proceedings related to other legal remedies against irrevocable judgement.

  • Issue Year: XLII/2002
  • Issue No: 42
  • Page Range: 263-282
  • Page Count: 20
  • Language: Serbian