Reference no.: |
Up-328/03 |
Objavljeno: |
Official Gazette RS, No. 56/2005 and OdlUS XIV, 41 | 12.05.2005 |
ECLI: |
ECLI:SI:USRS:2005:Up.328.03 |
Abstract: |
The standpoint of the Supreme Court that by not coming to the trial the convict himself waived an active defence and thereby the possibility of responding the charges' modifications and tool all the risk connected with the right to assert defence objections, to which he has the right, is inconsistent with the right to defence (Art. 29 of the Constitution), as it, in case of the convict's unjustified absence from trial, unbinds the court of any activity regarding modifications of the charges. |
Document in PDF: |
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Type of procedure: |
constitutional complaint |
Type of act: |
individual act |
Date of application: |
13.05.2003 |
Date of decision: |
12.05.2005 |
Type of decision adopted: |
0x |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN02804 |