Absolute and Relative Violations of Law as the Grounds for Appeal Cover Image

Апсолутне и релативне повреде закона као разлог за жалбу
Absolute and Relative Violations of Law as the Grounds for Appeal

Author(s): Zagorka Jekić
Subject(s): Criminal Law, Criminology
Published by: Правни факултет Универзитета у Београду
Keywords: Violations of the law (absolute and relative); Grounds for appeal; Appellate court; Reversal of conviction;

Summary/Abstract: This article deals with key gross violations of the criminal procedure and infringements of the Criminal Act, in the light of legal effects of some of them. The author defends the proposition concerning the existence of absolute and relative gross violations, and opposes the interpretation of such a division as based on the obligation of the appellate court to decide on them. Namely, to apply such a criterion in the construction of this division would certainly lead to a completely different grouping of absolute and relative violations of the Criminal Procedure Act, within those which are defined as gross violations. The author also points out the significance for judicial practice of a correct construction of the categories of absolute and relative violations of the Criminal Procedure Act and the Criminal Act.

  • Issue Year: 49/2001
  • Issue No: 1-4
  • Page Range: 568-576
  • Page Count: 9
  • Language: Serbian