Human Rights Defence Institution and Resuming Criminal Case Due to New and Revealed Facts

Abstract

The article analyzes the human rights defence potential and resuming investigation due to new or revealed circumstances. The paper studies the essence of judicial examination as the most efficient way of rectifying judicial mistakes. In particular, with the resumption of legal proceedings- due to new circumstances, the court ensures not the compensation of judicial activity but a possibility to study the facts relevant to determine grounds and limits of criminal law security but could not be part of the investigation on the criminal case. The author argues that this mechanism can and should be used by default to eliminate violations but not when the possibilities to rectify them this sort of cases had been spent, the mechanism should not be deemed optional. Legal potential of the institution of resuming a case due to new or revealed circumstances is considered rather high. It has been determined by the types of judicial mistakes. Unlike the common view in Russian literature on legal proceedings, the author thinks that the procedural mechanism does not have anything exceptional. It is applied not after the possibility to review the case runs out but independently, i.e. as soon as new circumstances were disclosed. The potential of human rights defence is seen in the successive and more efficient procedures of eliciting judicial mistakes and authorize parties concerned with the right to appeal to a court to review the sentence or another judgement.