12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The Court shall issue a judgement denying a motion for the protection of legality asunfounded if it determines that no violation of the law cited by the public prosecutor in hismotion exists.Article 425(1) Where a court finds that a motion for the protection of legality is well-founded, it shallrender a judgement by which it shall, according to the nature of the violation, eitherreverse a final decision, or partially or entirely set aside decisions issued by first-instanceor higher courts, or only a decision of the higher court, and return to the case to a courtof first instance or higher court for a new decision or a new trial, or limit itself todetermining that a violation of the law did exist.(2) If the motion for the protection of legality was submitted to the detriment of theaccused, and the court finds it well-founded, it shall only determine that a violation of thelaw did exist, without infringing on the final judgement.(3) If under the provisions of this law a court of second instance was not authorised torectify a violation of the law made in the first-instance decision or in the judicialprocedure which had preceded it, and the court deciding on a motion for the protectionof legality submitted in favour of the accused finds that the motion is well-founded andthat in order to rectify the violation of the law the first-instance decision should be setaside or reversed, it shall also set aside or reverse the second-instance decision,although no violation of the law had been made by it.Article 426If in deciding on a motion for the protection of legality submitted in favour of the accusedsubstantial doubt appears in respect of the veracity of the decisive facts determined inthe decision against which the motion was submitted, on account of which it is notpossible to decide on the motion for the protection of legality, the court shall by thejudgement by which it is deciding on the motion for the protection of legality set asidethat decision and order a new trial to be held before the same or another first-instancecourt with the same material jurisdiction.Article 427(1) Where a final judgement was set aside and the case remanded for retrial, theprevious indictment or the part of it which refers to the part of the judgement set asideshall be the basis for the new trial.(2) The court is required to conduct all procedural actions and to discus all questionsindicated by the court which decided on the motion.(3) The parties may present new facts and new evidence before the first-instance orsecond-instance court.(4) In rendering a new decision the court is bound by the ban prescribed by Article 382of this Code.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!