The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights
The right to a legal remedy in criminal proceedings, which enables the refutation of the legal and factual basis of a court decision, is a guarantor of a legal and correct court decision, i.e. the pillar of a legal and fair procedure without which modern criminal procedural systems could not be imag...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2022-01-01
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| Series: | Strani pravni život |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382204491Q.pdf |
| _version_ | 1811158567645872128 |
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| author | Živanović Katarina S. |
| author_facet | Živanović Katarina S. |
| author_sort | Živanović Katarina S. |
| collection | DOAJ |
| description | The right to a legal remedy in criminal proceedings, which enables the refutation of the legal and factual basis of a court decision, is a guarantor of a legal and correct court decision, i.e. the pillar of a legal and fair procedure without which modern criminal procedural systems could not be imagined. Guaranteeing and exercising this right contributes to the protection of individual and general interests, as well as the realization of fundamental principles of criminal procedure, such as legality, fairness, truth and legal certainty. Despite the exceptional and unequivocal importance of legal remedies, i.e. appeals in criminal proceedings, in one of the most important international legal instruments in the field of protection of human rights - the European Convention for the Protection of Human Rights and Freedoms, it was proclaimed in such a way that gives the possibility of its limitation. Pointing out the exceptional importance of this legal remedy, the author analyzed the provisions of the European Convention for the Protection of Human Rights and Freedoms, which proclaimed the right to appeal in criminal proceedings, as well as the decisions of the European Court of Human Rights, with the aim of pointing out the shortcomings of the provisions of the Convention that the signatory states provides the possibility of limiting the review of certain court decisions in criminal proceedings. |
| first_indexed | 2024-04-10T05:26:27Z |
| format | Article |
| id | doaj.art-fcc41c51878447cc8beadde070d5642c |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-04-10T05:26:27Z |
| publishDate | 2022-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-fcc41c51878447cc8beadde070d5642c2023-03-07T19:46:54ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272022-01-01202244915040039-21382204491QThe possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human RightsŽivanović Katarina S.0Ministry of Interior of Republic of Serbia, Belgrade, SerbiaThe right to a legal remedy in criminal proceedings, which enables the refutation of the legal and factual basis of a court decision, is a guarantor of a legal and correct court decision, i.e. the pillar of a legal and fair procedure without which modern criminal procedural systems could not be imagined. Guaranteeing and exercising this right contributes to the protection of individual and general interests, as well as the realization of fundamental principles of criminal procedure, such as legality, fairness, truth and legal certainty. Despite the exceptional and unequivocal importance of legal remedies, i.e. appeals in criminal proceedings, in one of the most important international legal instruments in the field of protection of human rights - the European Convention for the Protection of Human Rights and Freedoms, it was proclaimed in such a way that gives the possibility of its limitation. Pointing out the exceptional importance of this legal remedy, the author analyzed the provisions of the European Convention for the Protection of Human Rights and Freedoms, which proclaimed the right to appeal in criminal proceedings, as well as the decisions of the European Court of Human Rights, with the aim of pointing out the shortcomings of the provisions of the Convention that the signatory states provides the possibility of limiting the review of certain court decisions in criminal proceedings.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382204491Q.pdfright to a legal remedyappeal in criminal proceedingslimitation of the right to appeal in criminal proceedingseuropean convention for the protection of human rightseuropean court of human rights |
| spellingShingle | Živanović Katarina S. The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights Strani pravni život right to a legal remedy appeal in criminal proceedings limitation of the right to appeal in criminal proceedings european convention for the protection of human rights european court of human rights |
| title | The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights |
| title_full | The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights |
| title_fullStr | The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights |
| title_full_unstemmed | The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights |
| title_short | The possibility of limiting the exercise of the right to appeal in criminal matters according to the European Convention on Human Rights |
| title_sort | possibility of limiting the exercise of the right to appeal in criminal matters according to the european convention on human rights |
| topic | right to a legal remedy appeal in criminal proceedings limitation of the right to appeal in criminal proceedings european convention for the protection of human rights european court of human rights |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2022/0039-21382204491Q.pdf |
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