The lawyer spoke about the new rules for reviewing court decisions.
A case may be reviewed due to newly discovered circumstances in connection with a criminal verdict, but it does not always end with its pronouncement. Anastasia Ryabova, a lawyer and senior associate at the ALX Partners Bar Association, told Izvestia on July 8 about how the new rules will work.
"The procedural law allows for review only on the basis of a verdict, and courts often limit themselves to a formal filter. In particular, they point out that since acts other than the verdict are not mentioned in the law, they cannot serve as a basis for review," Ryabova said.
According to her, the Constitutional Court of the Russian Federation clarified this uncertainty and stressed the importance of supplementing the procedural codes with a list of documents that can help establish the circumstances affecting the consideration of the case. In particular, this applies to decisions on the refusal to initiate criminal proceedings, as well as rulings or decisions on the termination of criminal proceedings or criminal prosecution.
At the same time, the draft law, developed in accordance with the resolution of the Constitutional Court of the Russian Federation, does not make the listed documents mandatory. Also, the proposed changes do not imply the possibility of using any procedural document of the investigative authorities to identify newly discovered circumstances.
On July 7, the government commission on legislative activity approved a new list of grounds for launching a review of court decisions, government sources told Izvestia. Now it will be possible to rely on earlier decisions to refuse to initiate cases or close them if they contained false or incorrect information from witnesses or experts.
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