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RE-OPENING OF CRIMINAL PROCEEDINGS DUE TO NEWLY DISCOVERED CIRCUMSTANCES IN THE CONTEXT OF THE INTERNATIONAL LEGAL FRAMEWORK AND JUDGMENTS OF INTERNATIONAL COURTS

Inese Baikovska

Abstract

The re-opening of criminal proceedings, where a judgment has already entered into force, due to newly discovered circumstances ensures the right of persons to a fair trial and a fair final judgment. Any person involved in criminal proceedings whose right or legitimate interests have been affected by specific criminal proceedings have a guaranteed right to lodge an application seeking the re-opening of criminal proceedings for the investigation of newly discovered circumstances. However, the initiation of such proceedings is subject to certain circumstances defined in the Criminal Procedure Law, which are regarded as newly discovered and may be grounds for the re-opening of criminal proceedings due to newly discovered circumstances. In this article, the author examines recent developments of the existing legislation with regard to the effect produced by the legal institution concerning the re-opening of criminal proceedings due to newly discovered circumstances in the context of the international legal framework and international court judgments, especially judgements delivered by the European Court of Human Rights, on the national legislation and the revision of criminal cases. The goal of this article is to determine the effect produced by the international legal framework and international court judgments on the national legislation dealing with criminal proceedings, especially the Latvian criminal procedure legislation and the legal institution concerning the re-opening of criminal proceedings. This research analyses the criminal procedure legislation existing in Latvia and other countries in the context of the international legal framework.

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