Məhkəmənin hökm və ya qərarlarına yeni açılmış hallar üzrə baxılması üçün əsaslar

Abstract

This research article conducted the grounds of proceedings on newly found circumstances, which are a type of particular proceedings in the criminal process of the Republic of Azerbaijan. According to newly found circumstances, the review of judgments and decisions of the court, which led to the issuance of a legally binding judgment or decision, and which were present during the investigation and trial of the case, but happens due to discovery of new unknown cases by the person who conducted the investigation or the court on the merits of the case. Chapter 54 of the Criminal Procedure Code of the Republic of Azerbaijan is devoted to the proceedings of newly opened cases. The first article - 461 of that chapter is dedicated to the grounds for considering court judgments or decisions in newly found circumstances. However, the specified article did not establish a legal understanding of the newly found circumstances. In this regard, we would suggest that Article 461 of the Criminal Procedural Code of the Republic of Azerbaijan to be amended regarding proceedings on newly opened cases and that institution to be given the following legal meaning: "Proceedings on newly found circumstances, the legally binding judgment of the court or other cases that make it possible to change any final decision are those cases that were not determined before - neither during the preliminary investigation nor at other stages of the criminal proceedings". Keywords: newly newly found circumstances, judgement, Supreme Court, the right to appeal, new verdicts, cassation instance.