Resumption of proceedings due to new or newly discovered circumstances in the general system of procedural mechanisms for reviewing judicial decisions in criminal cases

Abstract

The article discusses the mechanism for resuming criminal proceedings due to new or newly discovered circumstances and its place in the general system of procedural instruments for reviewing judicial acts. Having studied the features of this proceeding, the author comes to the conclusion that, in terms of its purpose and content, it acts as an independent procedural mechanism that does not replace but complements other ways of ensuring the justice of sentences and eliminating judicial errors. He considers that the basis for the resumption of proceedings in a criminal case due to new or newly discovered circumstances cannot be the unjustness of the decisions made in the case, if it was the result of a judicial error, including confi rmed by additional evidence revealed after the entry into legal force, confi rming the innocence or lesser guilt of the convict, and the key distinguishing feature of this criminal procedure is the incompleteness of the court's awareness when considering a criminal case on the merits. It is she, in his opinion, that predetermines the procedural specifi cs of this production and, together with its other features, actualizes the question of optimizing the current regulatory framework.