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Austrian Constitutional Court: The Constitutionality of Restrictions on Nullity Appeals in Law of Criminal Procedure
Judgment of 14 March 2017, G 249-250/2016
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Christoph Gärner
Published/Copyright:
July 26, 2017
Abstract
The limitation of nullity appeals to cases of ‘serious concerns regarding the correctness of the facts’ on which the lower court based upon its decision is in conformity with constitutional law. It does not violate the procedural safeguards protected by Article 6 of the European Convention on Human Rights or the right to equal protection under the law protected by Article 7 of the Austrian Federal Constitutional Law. Despite the restrictive application in the jurisprudence of the Supreme Court of Austria, the limitation is proportionate und thus constitutional, as such limitations only apply to rulings by a penal of lay judges.
Published Online: 2017-7-26
Published in Print: 2017-7-26
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- Articles
- The Constitutionalization of International Law and the Challenge of Non-State Actors
- Global Values and the Institutions of the United Nations
- Notes and Essays
- A Call for Judicial Reform in Egypt
- Constitutional Developments
- Austrian Constitutional Court: The Constitutionality of Restrictions on Nullity Appeals in Law of Criminal Procedure
- Austrian Constitutional Court: The Presumed Biological Father’s Position in Contact Proceedings
- Czech Constitutional Court: Twists and Turns of Recent Judgments of the Highest Courts in Cases of Parliamentary Immunity
- Constitutional Court of Romania: The Constitutionality of the Citizens’ Initiative for the Revision of Article 48 (1) of the Constitution (‘Family’)
- Book Review
- Jaakko Husa: A New Introduction to Comparative Law
