Kai kurie teismo nuosprendžio sampratos probleminiai aspektai

Abstract

The aim of the article is to reveal the concept of a final court decision in criminal procedure law. A final court decision in the Lithuanian criminal procedure law may be: a judgement of the courts of first instance; a decision of the Court of Appeal; a decision of the Supreme Court of the Republic of Lithuania. The first part of the article deals with an analysis of the presumption res judicata pro veritate habetur. This presumption that a decision is correct is an expression of the authority of a court decision. A court decision may be: the act of the implementation of legal norms, the specific legal fact, the form of judicial power, and, certainly, the act of justice administration. A final court decision is equated to an act of legislation. Furthermore, the first part of the article includes a description and an analysis of the system and forms of control over a court judgement, the legal nature of these forms as well as the features which characterize ordinary appeal procedures: an appeal can be made by the process participants in all cases; an appeal against a judgement is possible before it comes into effect; an appeal does not have a suspensive effect; an appeal is possible on the grounds provided in law. The features of the extraordinary appeal procedures are: an appeal is possible against an effective court judgement; the grounds for an appeal are provided in law; there often are special selections of complaint.