The request for the protection of legality: Theoretical and practical aspects
In this article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the le...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2023-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301285S.pdf |
| _version_ | 1797806070371975168 |
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| author | Stanković Jelena |
| author_facet | Stanković Jelena |
| author_sort | Stanković Jelena |
| collection | DOAJ |
| description | In this article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the legal system, which also helps to achieve the basic purpose of criminal procedure, i.e., that no innocent person is convicted and that perpetrators are sentenced under the conditions prescribed by criminal law based on a legal and fairly conducted procedure (Article 1, paragraph 1 of the Criminal Procedure Code of the Republic of Serbia). In this manner, the request for the protection of legality, as an extraordinary legal remedy, gains in importance. The subject of the article is an analysis of the theoretical conceptions and positive law solutions in the criminal procedure legislation of the Republic of Serbia, as well as the application of the request for the protection of legality in practice, bearing in mind that the request for the protection of legality has undergone the most significant changes, some of which have raised contentious issues, and in such a situation judicial practice deserves special attention because it will play a key role. |
| first_indexed | 2024-03-13T06:01:41Z |
| format | Article |
| id | doaj.art-f8befabc91c7420d8bd89b18de167953 |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-03-13T06:01:41Z |
| publishDate | 2023-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-f8befabc91c7420d8bd89b18de1679532023-06-12T12:57:02ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672023-01-019512853300017-09332301285SThe request for the protection of legality: Theoretical and practical aspectsStanković Jelena0https://orcid.org/0000-0002-6993-2629Univerzitet u Novom Sadu, Pravni fakultet, Novi Sad, SerbiaIn this article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the legal system, which also helps to achieve the basic purpose of criminal procedure, i.e., that no innocent person is convicted and that perpetrators are sentenced under the conditions prescribed by criminal law based on a legal and fairly conducted procedure (Article 1, paragraph 1 of the Criminal Procedure Code of the Republic of Serbia). In this manner, the request for the protection of legality, as an extraordinary legal remedy, gains in importance. The subject of the article is an analysis of the theoretical conceptions and positive law solutions in the criminal procedure legislation of the Republic of Serbia, as well as the application of the request for the protection of legality in practice, bearing in mind that the request for the protection of legality has undergone the most significant changes, some of which have raised contentious issues, and in such a situation judicial practice deserves special attention because it will play a key role.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301285S.pdfcriminal procedurelegal remedyextraordinary legal remedyrequest for the protection of legality |
| spellingShingle | Stanković Jelena The request for the protection of legality: Theoretical and practical aspects Glasnik Advokatske komore Vojvodine criminal procedure legal remedy extraordinary legal remedy request for the protection of legality |
| title | The request for the protection of legality: Theoretical and practical aspects |
| title_full | The request for the protection of legality: Theoretical and practical aspects |
| title_fullStr | The request for the protection of legality: Theoretical and practical aspects |
| title_full_unstemmed | The request for the protection of legality: Theoretical and practical aspects |
| title_short | The request for the protection of legality: Theoretical and practical aspects |
| title_sort | request for the protection of legality theoretical and practical aspects |
| topic | criminal procedure legal remedy extraordinary legal remedy request for the protection of legality |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2023/0017-09332301285S.pdf |
| work_keys_str_mv | AT stankovicjelena therequestfortheprotectionoflegalitytheoreticalandpracticalaspects AT stankovicjelena requestfortheprotectionoflegalitytheoreticalandpracticalaspects |