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Scientific Books
Scientific Books
Scientific Books
Scientific Books
Scientific Books
Prices are calculated for:Luxembourg, Other Payment Options
This edition is the fourth volume of the work "Criminal Procedure - Remedies" and focuses on the remedy of appeal against decisions. At the beginning of the work, the author provides a first approach to the remedy of appeal against decisions, with historical and comparative remarks and references to the preparatory work for the establishment of the institution. Then, in the chapter on the admissibility of the appeal, the decisions subject to appeal are examined (final decisions on the charge, declaring incompetence, preparatory decisions, definitively dismissing or declaring the criminal prosecution inadmissible, etc.), the persons entitled to appeal (the accused, politically injured party, civilly liable party, public prosecutors of the misdemeanour courts and courts of appeal, complainant-accuser-third party, and the prosecutor of the Supreme Court), the other admissibility requirements (legitimate interest, time limit and formulation of the appeal, waiver of appeal, etc.), and the declaration of the appeal as inadmissible.
Then, the additional grounds for appeal are analyzed, specifically the pregnancy - development of the provision of Article 509 para. 2 of the Criminal Procedure Code, their functionality, and the admissibility requirements of the additional grounds. Subsequently, the proposed main grounds for appeal of Article 510 para. 1 of the Criminal Procedure Code are developed, specifically absolute nullity, relative nullity - lack of hearing, violation of provisions regarding the publicity of the procedure, lack of reasoning, incorrect application or interpretation of a substantive criminal provision, violation of the adversarial principle, material incompetence, abuse of power, and grounds for appeal in political procedure. Finally, the author analyzes the grounds for appeal that are examined ex officio, where the nature, conditions, and scope of application of Article 511 of the Criminal Procedure Code are examined, as well as the appellate review of prescription, the appellate application of a more lenient law, and the appellate assessment of the adversarial principle.
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