Accessible Requires Authentication Published by De Gruyter July 26, 2017

Austrian Constitutional Court: The Constitutionality of Restrictions on Nullity Appeals in Law of Criminal Procedure

Judgment of 14 March 2017, G 249-250/2016

Christoph Gärner
From the journal ICL Journal


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

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