PROTECTION OF THE RIGHTS OF PERSONS UNFAIRLY CONVICTED AND PERSONS UNFAIRLY DEPRIVED OF LIBERTY IN THE CRIMINAL AND MINOR LAW OF THE REPUBLIC OF SERBIA

Abstract

As a consequence of the committed criminal act or misdemeanor, the application of punitive (criminal or misdemeanor) sanctions against its perpetrator occurs. They usually consist in confiscating or restricting the rights of the convicted person - the right to freedom of movement for a certain period of time in the court's judgment. However, it is possible that the previously imposed criminal sanction will be revoked later in the procedure for extraordinary legal remedies. In that case, it is a person unjustly convicted (in criminal law) or unjustly punished (in misdemeanor law). Such a person is entitled to certain rights that aim to protect his human rights and freedoms, and consist in the complete or partial removal of all harmful consequences of a previous conviction or imposed sentence. The term, characteristics, method and procedure for realizing the rights of persons who were unjustly convicted and unjustifiably deprived of liberty in criminal proceedings or unjustly punished in misdemeanor proceedings are discussed in this paper.