Учебная работа № 75266. «Диплом Business management practices in U.K small medium business enterprises

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The European Court has recognized, that revision in the order of supervision of the verdict of the court, including the verdict of «not guilty», does not infringe the principle non bis in idem (not twice for the same), expressed in Article 4 of the Report No,7 to the Convention,The given article establishes that nobody should be repeatedly judged or punished in the criminal order within the framework of jurisdiction of one and the same state for the crime for which has already been justified or condemned according to the law and criminal — remedial norms of the states (item 1),Regulations of item 1, however, do not interfere with repeated consideration of the case according to the law and criminal — remedial norms of the corresponding state if there are data on the new or again opened circumstances or if during the previous trial the essential infringements influenced issue of the suit have been allowed (item 2).the opinion of the European Court, consideration of supervising representation of the public prosecutor for the purpose of decision of the question on refusal in its satisfaction or excitation of supervising proceeding does not form «repeated proceeding» in sense of item 1 Article 4 of the Report No,7, and the opportunity of renewal of proceeding in the given case is too remote or indirect to represent «susceptibility to repeated condemnation» in sense of the given position [33]., the European Court believes, that supervising proceeding cannot lead to repeated condemnation in sense of item 1 Article 4 of the Report No,7,Article 4 of the Report No,7 makes precise distinction between repeated criminal charge or proceeding forbidden by item 1, and renewal of proceeding in unusual cases stipulated in item 2,The Russian criminal — remedial legislation supposes revision of final judgments in connection with the new or again opened circumstances, and also in the order of supervision in case of miscarriages of justice connected with infringement of norms of the material or procedural law,The subject for consideration within the framework of supervising proceedings remains the same criminal charge and validity of the born before verdict,If the application in the order of supervision is satisfied and proceeding is renewed for the purpose of the further consideration of the case, the final result of supervising proceeding can be cancellation of all decisions born before by the courts and admittance of the new decision on the given accusation,In the given sense supervising proceeding leads to the same results, as renewal of proceeding for both procedures assume renewal of the case taken place before,Therefore the European Court has come to the conclusion, that in the context of the principle ne bis in idem supervising proceeding can be considered as the special kind of renewal of the proceeding stipulated by item 2 Article 4 of the Report No,7 [34].European Court has made distinction between supervising proceeding in the civil and criminal trial,Earlier it recognized that supervising proceeding generates problems concerning legal definiteness as judgments on civil cases can be reconsidered during unlimited time on rather insignificant grounds»