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Stručni rad

Reopening of criminal proceedings de lege lata and an analysis of the decisions of the Constitutional Court of the Republic of Croatia adopted in relation to constitutional complaints following the reopening of criminal proceedings on the basis of a final judgment of the European Court of Human Rights

Višnja Drenški Lasan ; odvjetnica, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 388 Kb

str. 169-196

preuzimanja: 1.422

citiraj


Sažetak

The first part of this paper considers the manner in which the instrument of reopening criminal proceedings is regulated according to the 7th amendments to the Criminal Procedure Act. The existing literature dealing with criminal law does not usually deal with this issue, and this instrument continues to pose problems that need to be resolved at the legislative level.
The second part of the paper considers the decisions of the Constitutional Court of the Republic of Croatia connected with the reopening of criminal proceedings on the basis of a final judgment of the European Court of Justice, since this Court plays a significant interpretative role in the process of executing the positive obligations of Croatia that arise on the basis of the judgments of the ECtHR.

Ključne riječi

reopening of criminal proceedings; extraordinary legal remedies; Constitutional Court of the Republic of Croatia; European Court of Human Rights

Hrčak ID:

218945

URI

https://hrcak.srce.hr/218945

Datum izdavanja:

12.12.2018.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.624 *