Glasnik Advokatske komore Vojvodine (Jan 2023)
The request for the protection of legality: Theoretical and practical aspects
Abstract
In this article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the legal system, which also helps to achieve the basic purpose of criminal procedure, i.e., that no innocent person is convicted and that perpetrators are sentenced under the conditions prescribed by criminal law based on a legal and fairly conducted procedure (Article 1, paragraph 1 of the Criminal Procedure Code of the Republic of Serbia). In this manner, the request for the protection of legality, as an extraordinary legal remedy, gains in importance. The subject of the article is an analysis of the theoretical conceptions and positive law solutions in the criminal procedure legislation of the Republic of Serbia, as well as the application of the request for the protection of legality in practice, bearing in mind that the request for the protection of legality has undergone the most significant changes, some of which have raised contentious issues, and in such a situation judicial practice deserves special attention because it will play a key role.
