The particularities of exceptional review of judgments entered into force in the criminal procedure of Armenia: recent developments

Abstract

Exceptional review procedures have the aim of restoring a right in case of its violation in previous proceedings. Such exceptional review procedure empowers courts to reopen a case due to the emergence of new facts, or where a Fundamental Defect is detected in the previous proceedings, which could affect the outcome of the case. The exceptional review of judgments entered into force is aimed at empowering higher courts to correct past judicial errors and miscarriages of justice. At the same time, the discussed procedure is by no means a procedure for fresh examination. The Thesis focuses on the specific issue of the exceptional review of judgments entered into force. In particular, the notion of the Fundamental Defect as a ground for exceptional review is scrutinized. The review procedure on the ground of a Fundamental Defect, in comparison with other grounds, is still comparatively unexplored in scholarly work. This unexplored area, in turn, has motivated the author of the Thesis to focus on the exceptional review of judgments entered into force on the ground of a Fundamental Defect.