THE SEARCH FOR CAUTIOUS JUSTICE: RELATIONSHIP BETWEEN THE LIMITS OF APPEALS AND THE FREEDOM OF COURT ACTIVITY
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Abstract
This article focuses on issues involving the consistency of legal principles in criminal proceedings. Answers given for solving this problem are foreseen as a precondition for implementing so-called cautious justice. The authors analyse how common and special legal principles work together or to each other in the context of criminal justice, and the main challenges faced in court appeal hearings. The analysis begins with theoretical statements and evaluations, and concludes with current practical examples, including suggestions for legislative ideas.
The authors, mainly with respect to practical examples from current criminal cases and emphasising the official doctrine of the Constitutional Court of the Republic of Lithuania, try to provide an answer on whether the legal principle tantum devolutum quantum appellatum is an absolute or relative one, as well as whether this principle could be prevailed over in the context of other principles and what legislative measures could be used to do this.
The authors, mainly with respect to practical examples from current criminal cases and emphasising the official doctrine of the Constitutional Court of the Republic of Lithuania, try to provide an answer on whether the legal principle tantum devolutum quantum appellatum is an absolute or relative one, as well as whether this principle could be prevailed over in the context of other principles and what legislative measures could be used to do this.
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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.
