Naslov
Addressing Wrongful Convictions in Croatia through Revision of the Novum Criterion: Identifying Best Practices and Standards

Autori
Andrej Bozhinovski

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Human Rights in Contemporary Society - Challenges From an International Perspective

Urednik/ci
Mali, Jana

Izdavač
IntechOpen Journals

Grad
IntechOpen

Godina
2023

Raspon stranica
45-63

ISBN
978-1-83768-349-9

Ključne riječi
revision of procedurenovuminnocence projectswrongful convictionsmiscarriages of justice

Sažetak
Abstract The topic of miscarriages of justice in Croatia is new. It had begun to be the center of academic discussion in 2015 and culminated with the establishment of the experimental Innocence Project in Croatia in 2020. For the first time, experts started to analyze the domestic legal framework and judicial practice concerning the protection of the rights of wrongfully convicted persons, with a special emphasis on carrying out a post-conviction revision of criminal proceedings to prove eventual miscarriages of justice. This chapter examines wrongful convictions as miscarriages of justice through the scope of the novum criterion in different European countries, and the standards of the ECtHR and CJEU. The novum criterion is a legal principle that allows for the reopening of a case if new evidence emerges that could change the outcome of the trial. The purpose is through comparative and case study methods to address the revision of criminal proceedings in Croatia by examining the requirements for establishing a novum in the legislation of different European countries and examine the jurisprudence of the European Court of Human Rights (ECtHR) and Court of Justice of the E.U. (CJEU) and establish best practices.

Izvorni jezik
Engleski

Znanstvena područja
Teologija

POVEZANOST RADA