Post by account_disabled on Dec 24, 2023 3:41:55 GMT
Ais not an incident in the situation of the groundlessness of the decision to acquit the defendant . This aspect results both from the enumeration contained in paragraph first sentence of art. of the Code as well as from the condition provided by paragraph of the same article a condition according to which the case provided for in paragraph letter a can be invoked as a reason for review only in favor of the convicted person or the one against whom it was ordered to waive the application of the penalty or to postpone the application of the penalty.
The case provided for by art. paragraph letter a of the CPP can Country Email List be invoked as a reason for revision only in favor of the convicted person or the one against whom it was ordered to waive the application of the penalty or postpone the application of the penalty excluding the possibility of revision acquittal is likely to defeat equality of rights between citizens in terms to justice. The Court notes that although they are in similar situations the civil parties benefit from the perspective of the possibility of formulating the extraordinary appeal of revision of a different legal treatment which is likely to contravene the provisions of art. of the.
Constitution under the conditions where the discriminatory treatment finds no objective and reasonable justification. Therefore the provisions of art. para. of the CPP regarding the review case provided for in para. letter a as well as the legislative solution contained in the provisions of art. paragraph first sentence of the same code which excludes the possibility of reviewing the acquittal decision for the case provided for in paragraph letter a violates the constitutional provisions of art. regarding equality of rights of art. regarding free access to.
The case provided for by art. paragraph letter a of the CPP can Country Email List be invoked as a reason for revision only in favor of the convicted person or the one against whom it was ordered to waive the application of the penalty or postpone the application of the penalty excluding the possibility of revision acquittal is likely to defeat equality of rights between citizens in terms to justice. The Court notes that although they are in similar situations the civil parties benefit from the perspective of the possibility of formulating the extraordinary appeal of revision of a different legal treatment which is likely to contravene the provisions of art. of the.
Constitution under the conditions where the discriminatory treatment finds no objective and reasonable justification. Therefore the provisions of art. para. of the CPP regarding the review case provided for in para. letter a as well as the legislative solution contained in the provisions of art. paragraph first sentence of the same code which excludes the possibility of reviewing the acquittal decision for the case provided for in paragraph letter a violates the constitutional provisions of art. regarding equality of rights of art. regarding free access to.