The appellate procedure, beyond its significant practical importance, presents particular dogmatic interest, as it reflects the overall enforceable form of criminal procedure.
A special place in this area is held by the additional grounds for appeal, which, on a practical level, function as a second chance. This work analyzes the most critical dogmatic issues that arise, as well as numerous practical procedural problems that have so far emerged in case law.
The work stands out for the completeness of dogmatic approaches, rich and fully substantiated critical analyses, and emphasis on solving practical problems, making it a useful guide for judges and practicing lawyers.
Specifically, the monograph is divided into four chapters. The first chapter attempts a historical (§ 1) and comparative (§ 2) overview of the institution of additional grounds for appeal. This is followed by the theoretical approach to the justification for their establishment (§ 3) and the determination of their legal nature (§ 4).
The second chapter investigates the dependency of the additional grounds on the main appeal. The review of the validity of the additional grounds is conducted only if the Court of Appeal finds that there is a admissible appeal (§ 1) and at least one specific reason (§ 2). However, there is no dependency in terms of content, meaning that in criminal appeal procedures, the additional grounds do not need to attack parts of the decision already subject to appeal or necessarily connected with those already presented for appeal (§ 3).
The third chapter is devoted to the conditions and procedure for raising additional grounds for appeal. In this chapter, a critical approach is taken towards many legal positions of our Court of Cassation, aiming to maintain a fair balance between the procedural positions of the appellant-defendant on one side and the «appellee» present to support the prosecution or the prosecutor on the other.
Finally, the fourth chapter presents the process of examination (§ 1) as well as the «re-examination» (§ 2) of the additional grounds for appeal.
Manufacturer
- Author
- Athanasios K. Zachariadis
- Publisher
- Ekdoseis Sakkoula A.E.
- Type
- Fair - Rights
- Language
- Greek
- Cover
- Hardcover
- Number of Pages
- 262
- Release Date
- 04/2022
- Publication Date
- 2022
- Dimensions
- 14x21 cm
- ISBN-13
- 9789606484544
Important information
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