Notion, legal nature and application institution of gravamen in the criminal proceedings

Abstract

Gravamen is unwritten procedural-legal institute comprising legal position of the person requesting remedy, substantially deteriorated by incorrect or unlawful judicial decision. In this connection the thesis that the remedy against such decision may be submitted solely by the individual in the case of whom the existence of gravamen is established and exists when the direct violation, i.e. damaging effect for the rights or legally protected interests of the holder of the right to remedy is caused by the judicial decision is well-founded. The particular doubt is, however, whether it is mandatory to request the existence of gravamen for the remedy of the state attorney. If the request for remedy is submitted on behalf of the accused the existence of gravamen is requested for the accused. If it is submitted to his detriment the existence of gravamen is not necessary because the state attorney may always submit the appeal whenever the decision not corresponding to the legal existing rules. The submission of request for remedy by the private plaintiff (complainant) is connected exclusively to the protection of his/her interests.