Pregledni rad
RENEWAL OF CRIMINAL PROCEDURE TO THE DETRIMENT OF THE ACQUITTED PERSON IN ENGLAND
Zvonimir Tomičić
; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Iva Kovačev
Sažetak
A great reform of right to renewal of criminal procedure was carried out in England by the end of the last and the beginning of this century. A centuries-old tradition of injunction to renewal of criminal procedure to the detriment of the acquitted person was abandoned and a significant exception to the common law systems of traditional protection against double jeopardy was established. The new solution comprises permission to a renewal of criminal procedure only for the so called registered criminal offences and this according to strictly regulated terms and thus representing a specific solution in relation to common legislative standpoints regarding permission to implement this institute to the detriment of the acquitted. The paper conveys complaints that are traditionally lodged against the renewal permission to the detriment of the acquitted and reasons strongly supporting renewal alowance followed by a detailed reform reasons and content survey.
Ključne riječi
English criminal procedure; extraordinary legal remedies; renewal of criminal procedure; ne bis in idem; double jeopardy
Hrčak ID:
134428
URI
Datum izdavanja:
30.12.2012.
Posjeta: 1.424 *