THE ELIMINATION OF THE LEGAL DEFECIENCIES OF FINAL JUDGMENTS Cover Image

THE ELIMINATION OF THE LEGAL DEFECIENCIES OF FINAL JUDGMENTS
THE ELIMINATION OF THE LEGAL DEFECIENCIES OF FINAL JUDGMENTS

Author(s): Dušica Miladinović Stefanović, Saša Knežević
Subject(s): Criminal Law, Sociology of Law, Court case
Published by: Универзитет у Нишу
Keywords: final verdict; legal grounds of the verdict; legal remedies; request for the protection of legality; legal deficiencies of the verdict;

Summary/Abstract: The final convicting verdict marks the beginning of the process of enforcing the final court decision, as stated in the formal pronouncement of the judgment passed by the court. The court verdict evolves from a thorough and meticulous factual reonstruction of the criminal act, and the application of the criminal code norms to the determined facts. The institutionalised reaction to the offender’s suspected wrongdoing is crowned by the final verdict, passed in the closing stages of the court proceedings. Filing an appeal against the final verdict ensures the supervision of the legality and the regularity of the verdict rendered during the first-instance proceedings. The court’s decision about the legal remedy is final and executive. The consequences of any deficiencies present in the final verdict may be removed only by a decision passed by a high court in the proceeding initiated by extraordinary legal remedies. The final verdict can be annulled because of its factual or legal deficiencies. This paper examines the deficiencies of the legal grounds of the final verdict.

  • Issue Year: XLVII/2023
  • Issue No: 4
  • Page Range: 991-1008
  • Page Count: 18
  • Language: English