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

AutoreInese Baikovska
CaricaTuriba University
Pagine93-112
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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

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