In the context of the Program of Continuous Formation, the School of Magistratesorganizes on 29 May, 2023 the activity on topic:
“Review of the final criminal sentence and its cases. Reinstatement of the appeal in terms and its independence from review. ”
The panel in this training activity is composed of:
- Experts of the School of Magistrates:
- Sandër Simoni
- Dhimitër Lara
- Facilitator of the School of Magistrates:
- Enkel Peza
In this activity were elaborated various topics such as:
- International standards and ECtHR jurisprudence regarding the opening of the criminal judicial process and the review of the final criminal judgment;
- The review of the criminal judgment. Judgments that should be reviewed. Cases of revision. The application for review and its forms. Trial from the first instance court. Rescindent phase of the judgment. Issues of the enforcement of the law in practice;
- The trial of review; the review of the case after accepting the application for revision; the person’s status. Consequences of the refusal of the application; Appealing; Issues of law enforcement;
- The review of the final criminal decision because of the issuing of new evidences and the reference to a revoked judgment, or falsification of the acts of judgment; Cases of judicial practice;
- Presentation of case laws on the review of the criminal judgment; Discussion about them;
- Reinstatement of the appeal in terms and its independence from review. Judgment in absentia as a legal cause for review through the reinstatement in terms, differences between them. Changes deriving from procedural provisions by law no. 35/2017 regarding the review of the criminal judgment. The change of the unified judicial practice.
