LEGISLATIVE REVISION AS A BASIC METHOD OF CRIMINAL PROCEDURE OF HIGHER COURTS AT RESENTENCE

Authors

  • Tatiana Gennadievna Borodinova Author

Abstract

This article analyzes the concept and meaning of the term "revision" used within criminal procedure. On the basis of theoretical research and legislative sources, the author expresses the position, according to which, the revision should be considered as a basic method of criminal procedure of appeal, cassation and supervision courts. The author believes that revision is a criminal procedural way of internal organization of the superior courts, carrying out revision and review of the sentence, and it can not be regarded as a criterion for defining the outer limits of such activities. Paying attention to the legitimacy of this method of control used in the inspection of the criminal process , defined by the law as a core method, the author believes that this method of checking sentences provides optimal conditions for the detection of judicial errors committed by lower courts and meets the role of superior courts when checking sentences.

Author Biography

  • Tatiana Gennadievna Borodinova
    Candidate of Science (Law), Associate Professor, Head of Department of Criminal Procedure Law, the North Caucasus branch of the Russian Academy of Justice, Krasnodar, Russian Federation

Published

2014-03-01

Issue

Vol. 14 No. 1 (2014): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions of Criminal Law, Criminal Justice