REPETITION OF THE CRIMINAL PROCEDURE, A LEGAL REMEDY FOR THE PROTECTION OF HUMAN RIGHTS Cover Image

REPETITION OF THE CRIMINAL PROCEDURE, A LEGAL REMEDY FOR THE PROTECTION OF HUMAN RIGHTS
REPETITION OF THE CRIMINAL PROCEDURE, A LEGAL REMEDY FOR THE PROTECTION OF HUMAN RIGHTS

Author(s): Fatbardha Ismaili
Subject(s): Law, Constitution, Jurisprudence
Published by: University of Tetova
Keywords: criminal procedure; repetition; legal remedies

Summary/Abstract: This article elaborates the importance of extraordinary legal remedies, which are presented to us as remedies for the protection of human rights. Special attention is given to the analysis of the legal provisions which are related to the reduction of the request for reduction of the sentencing and its replacement with new basis presented in the frame of the request for the uneven criminal procedure as well as other changes which reflect other means remaining in the repertoire of the extraordinary legal remedies: the representation of the request for the defense of the legality against the decision, constitutional violations, removal of the obligation of the Supreme Court to evaluate of the factual condition as well as the conditions for the presentation of the motion for the review of the decision. The legal reforms soften the consolidation of the domestic legislation with the international democratic standards of the criminal procedure.

  • Issue Year: 9/2021
  • Issue No: 15-16
  • Page Range: 30-35
  • Page Count: 6
  • Language: English