Post by account_disabled on Dec 24, 2023 0:46:11 GMT -4
Athe defendant the injured person the civil party and the civilly responsible party in that case compared to the parties and injured persons remaining in their turn in passivity in those criminal cases in which the preliminary chamber judge has raised ex officio exceptions or requests and exceptions have been made by a participant in the process other than the appellant a party the injured person or the prosecutor. Thus although they are in similar situations the parties and injured persons from the two mentioned categories benefit from a different legal treatment in terms of the possibility to file an appeal under art. paragraph of the CPP.
Depending on the procedural attitude of to another participant in Country Email List the criminal process party injured person or judicial body which contravenes the provisions of art. of the Constitution in the conditions where the discriminatory treatment does not find any objective and reasonable justification also contravenes art. of the Constitution regarding free access to justice and art. regarding the role of the Public Ministry. The Court notes that if the law the rule of criminal procedure andor the rule of substantive criminal law is violated both the prosecutor and the defendant the injured person the civil party and the civilly responsible party.
Must be ensured the possibility to request and achieve the restoration of legality by reforming the illegal solution. The criticized provisions of the law on the one hand deprive the parties and the injured person of the possibility of defending their rights freedoms and legitimate interests and on the other hand the prosecutor lacks the necessary leverage to exercise his specific role in the criminal process. Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email and website in this browser for the next time I comment. Recommended.
Depending on the procedural attitude of to another participant in Country Email List the criminal process party injured person or judicial body which contravenes the provisions of art. of the Constitution in the conditions where the discriminatory treatment does not find any objective and reasonable justification also contravenes art. of the Constitution regarding free access to justice and art. regarding the role of the Public Ministry. The Court notes that if the law the rule of criminal procedure andor the rule of substantive criminal law is violated both the prosecutor and the defendant the injured person the civil party and the civilly responsible party.
Must be ensured the possibility to request and achieve the restoration of legality by reforming the illegal solution. The criticized provisions of the law on the one hand deprive the parties and the injured person of the possibility of defending their rights freedoms and legitimate interests and on the other hand the prosecutor lacks the necessary leverage to exercise his specific role in the criminal process. Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email and website in this browser for the next time I comment. Recommended.