The unjust sentence as an offense matter, stipulated by the article 375 of the criminal code of Ukraine “Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)”
Journal Title: Юридические науки и образование - Year 2014, Vol 40, Issue 40
Abstract
It is made attempts to examine unjust verdict as a matter of crime under the Criminal Code of Ukraine. The scientific literature on the subject of crime in criminal law is analyzed. It is offered the essential features of the subject offense. On this basis, it is proposed a definition of “unjust verdict” and to recognize the form of the judgment containing the information with an open or restricted access, which is illegal, unjustified and (or) unmotivated, essentially violating the rules of criminal and criminal procedural law and in respect of which there is a decision of the court of appeal or cassation of change, annulment (fully or partially) and the termination of criminal proceedings or the appointment of a new trial in the trial, and (or) appeal.
Authors and Affiliations
Vyacheslav Ednak
Keywords
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