Legal Aspects of Review of Valid Rulings in Criminal Proceedings in Connection with Significant Violations of Substantive or Procedural Provisions of the Law

• Autore: Inese Baikovska
• Carica: Turiba University
• Pagine: 93-112

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hps://doi.org/10.6092/issn.2531‐6133/15343

Received: 26 Sept. 2021 | Accepted: 15 Oct. 2021 | Published: 8 Aug. 2022

A

Legal Aspects of Review of Valid Rulings in Criminal

Proceedings in Connecon with Signicant Violaons of

Substanve or Procedural Provisions of the Law

I

NESE

B

AIKOVSKA

Inese Baikovska, Ph.D. in Law, is a Lecturer of Criminal Procedure at the Turiba University

(Latvia). She is author of several publications (articles) in Criminal Proceeding and author of the

monography The Problem of Renewal of Criminal Proceedings in Connection with Newly Disclosed

Circumstances (Turiba University, 2021). She practices as Sworn Advocate (The Latvian Collegium

of Sworn Advocates).

@baikovska@inbox.lv

ID0000-0002-3812-8179

ABSTRACT

The aim of this article is to review the existing discipline of legal institutes in connection with

significant violations of substantive or procedural legal norms and its significance in criminal

proceedings in the Republic of Latvia and the Republic of Lithuania, their common and different

features, problems and case law. The basis of the research is the analysis of regulatory

enactments, court rulings, findings and opinions. The research is based on analytical and

synthesis methods study of the correlations and differences in the legal regulation of criminal

procedural law, comparative method comparison of specific legal regulations in the criminal

procedural law of the Republic of Latvia and the Republic of Lithuania. The analytical method has

been used to research, clarify and then evaluate the content of legal principles, terms, legal

norms. The method has also been used to analyse court decisions. This method makes it possible

to identify the main issues at stake in the content of specific legal provisions and to highlight

their novelty, relevance or shortcomings. Statistical data processing methods have also been

used in the research to collect and analyse data on a specific category of criminal cases in the

Republic of Latvia and the Republic of Lithuania. The study analyses the case law of the Republic

of Latvia and the Republic of Lithuania in cases where rulings have been re-examined after their

entry into force. Data on such cases are summarised in four illustrations (figures). During the

study, it has been established that the regulation of criminal procedure for the review of a

judgement after its entry into force is similar in both countries, but the results of the reviewed

cases are different. The criminal procedure regulations of the Republic of Latvia and the Republic

of Lithuania, which provide for a new review of existing rulings if there exist significant

violations of substantive or procedural law, are important to reach a fair decision by eliminating

such significant violations committed by courts of first instance or appellate courts.

Consequently,justice is achieved and the person’s right to a fair trial is ensured.

93

RULINGS IN CRIMINAL PROCEEDINGS IN CONNECTION WITH SIGNIFICANT VIOLATIONS

However, a balance must also be struck between how to ensure the legal force of a valid

judgement in accordance with the principle of res judicata, and how to guarantee the rights of

individuals to a fair trial. When reviewing an existing decision, the Supreme Court must consider

the balance between ensuring the legal force of a valid court judgement in accordance with the

principle of res judicata, and guaranteeing the rights of individuals to a fair trial if significant

violations of substantive or procedural norms of law come to the fore after the judgement has

entered into force.

KEYWORDS

Criminal Proceedings; Valid Court Ruling; Review of Court Judgements; FairTrial; Persons Involved in

Criminal Proceedings

TABLE OF CONTENTS

Introduction ............................................ 94

1. Review of Valid Rulings due to Significant Violations of Substantive or Procedural Legal

Norms in Criminal Procedural Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

2. Court Practice in Criminal Cases Regarding Re-examination of Valid Rulings due to

Significant Violation of Substantive or Procedural Norms of Law . . . . . . . . . . . . . . 102

Conclusions............................................. 111

INTRODUCTION

This article focuses on the topicalities of criminal procedure regulation, which is related

to the review of a valid ruling due to a significant violation of substantive and procedural

law. In doing so, the author also focuses on the study of criminal procedure regulation and

case law in the Supreme Courts of the Republic of Latvia and Lithuania in a comparative

context.

The aim of the article is to study the review of existing rulings of legal institutes

in connection with significant violations of substantive or procedural legal norms and its

significance in criminal proceedings in the Republic of Latvia and the Republic of

Lithuania, their common and different features, problems and case law.

The basis of the research is the analysis of regulatory enactments, court rulings,

findings and opinions. The research is based on analytical and synthesis methods – study

of the correlations and differences in the legal regulation of criminal procedural law,

comparative method – comparison of specific legal regulations in the criminal

procedural law of the Republic of Latvia and the Republic of Lithuania. Statistical data

94