| Abstract [eng] |
Theoretical and Practical Problems of Redefinition of Accusation in Criminal Procedure One of the most relevant objectives of the criminal proceedings is the determination of the material truth. In order to achieve the materially right decision in the criminal proceedings, there must be the criminal act compiled in the correct and inseparable manner. Therefore, there has been the institute of change regulated in the legislation, which assists the change of the accusation at the time of the legal proceedings of the case. The objective of the Final Master’s Thesis is to analyse the theoretical and practical problems of the change of the accusation in the criminal proceedings. There is the need to provide the proposals for the improvement of the institute of change of the accusation. The first part of the final thesis reveals the conception of the accusation. The second part of the work analyses the limitations of the accusation, which puts the Court of Law into the certain legal frames, thus ensuring the right of the accused person to be aware of the accusation imposed on him. What is more, there are the procedures of the change of the qualification of the factual circumstances and act in the first and appellate instances to be analysed. The first part of the Final Master ‘s Thesis deals with the legal practice and the problems of the change of accusation. There is the decision of 26 June 2017 adopted by the Constitutional Court to be analysed, by which there has been the rule of the exceptional nature adopted, which indicates that when there appear new circumstances in the appellate court, there may be legal status aggravated of the accused or the acquitted person, as well as the person by which the legal proceedings may be terminated, when there has been the complaint by this this person submitted only. The problems to be analysed are related with the incentive of the court to change the factual circumstances and the qualification of the act, i.e., whether in this case there are no principles in the Constitution and the Criminal Procedure Code to be infringed, and by which procedural document the Court informs the participants of the process about the possibility to change the qualification of the act and the factual circumstances. Upon the performance of the analysis of the practice, there appeared the conclusion that there is no regulation in the law stating by which procedural document the Court informs the participants of the process about the change of the factual circumstances of the qualification of the act, thus leading to the different legal practice. Having analysed the decision of 26 of June 2017, it is seen that upon the appearance of the new circumstances in the appellate court, there may be different legal regulation determined, by which there could be possible to remedy the errors made by the Court of the lower instance with no return of the criminal case to the court of the first instance. There is the proposal to deal with the determined problems of the change of the accusation with the amendment of the Part 3 of the Article 256 of the Criminal Procedure Code and Article 312 of the Criminal Procedure Code. |
