RULE OF DIRECTNESS IN APPEAL PROCEEDINGS IN VIEW OF ARTICLE 452 OF THE CODE OF CRIMINAL PROCEEDINGS FROM A HISTORICAL PERSPECTIVE

Abstract

The rule of directness is classifi ed under the so-called non-codifi ed rules. This means that decoding the content of that rule is possible based on the interpretation of the relevant group of regulations. Article 452 of the Code of Criminal Proceedings constitutes a fundamental provision which answers the fundamental question regarding the scope of implementation of the rule of directness in appeal proceedings. The scope of the rule of directness in proceedings before the court of second instance is determined by the model of appeal proceedings, shaped on the basis of the applicable limits of admissible command in an appeal body. As a result of the remodelling of appeal proceedings from a purely control role towards control and identifi cation proceedings, this rule was strengthened in an appeal body.

Keywords

• rule
• directness
• court of appeal
• model of appeal proceedings