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GROUNDS FOR RENEWAL OF CRIMINAL PROCEEDINGS IN CONNECTION WITH NEWLY DISCLOSED CIRCUMSTANCES, NATIONAL ASPECTS OF THE STATES

Inese Baikovska

Abstract

It is presumed that a judgement that has come to legal force cannot be appealed and that such a judgment should be regarded as a final ruling in the case, however, under certain legal circumstances, called as newly disclosed circumstances, it is possible to restore criminal proceedings. When restoring criminal proceedings due to new circumstances, the right of individuals is guaranteed to the protection of a fair trial and a fair final ruling. The aim of the article is to investigate what circumstances can serve as the basis for restoring criminal proceedings due to newly disclosed circumstances. The author of the article compares the Latvian, Lithuanian, Estonian, German and Russian legislation governing criminal procedure with respect to newly disclosed circumstances that can be grounds for the re-opening of criminal proceedings. As a result, it is established how accurately the national legislation dealing with criminal procedure with regard to the definition of newly disclosed circumstances should be formulated. The research is based on the analysis of legislation, court rulings, conclusions and opinions. For the development of the paper, the methods of analysis and synthesis have been used, as well as the comparative and historical methods.

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