REFUSAL TO INITIATE THE CASSATION PROCEEDINGS IN CRIMINAL CASES: PROCEDURAL ASPECTS AND A PRACTICE OF THE SENATE

Abstract

The decision on refusing to initiate cassation proceedings, like any other decision made by the court of cassation, has the fundamental importance both in ensuring the rights of the individual and in the uniform interpretation and application of legal norms. On October 25, 2018, the law „Amendments to the Criminal Procedure Law” entered into force, by which procedural order of initiation of the cassation proceedings in criminal cases have been significantly changed. Decision on refusing to initiate cassation proceedings has to be made collegially by three judges and it shall be motivated. The Senate's practice of refusal to initiate cassation proceedings continues to develop. The aim of the research is to study the legal framework and the Senate’s practice in refusing of initiation cassation proceedings.