Newly Discovered Facts – the Grounds to Reopen Criminal Cases
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Abstract
The article analyses a new theme, which is concerned with one institute of the criminal procedure - reopening of criminal cases. There are three types of reopening of criminal cases. The oldest and classical type is the reopening of criminal cases due to newly discovered facts. The newly discovered facts are described in Article 444 of the Code of Criminal Procedure and are the ground of reopening the procedure. The newly discovered facts are defined in the textbook of criminal procedure. In the article this definition is analysed, limitations are excluded and a new definition of newly discovered facts is formulated. The newly discovered facts are juridical facts, which are accepted in another criminal judgment or by the court, deal with the facts about which the court did not know before, and which show that the sentence was incorrect.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
