The investigation of death in young (<35 years), previously fit individuals, calls for a detailed autopsy with emphasis placed upon the examination of the heart. In most instances, the cause of cardiac death can be identified during autopsy. However, a large percentage of sudden deaths remain unexplained even after comprehensive medicolegal investigation, including autopsy, and are labelled as autopsy-negative sudden unexplained cardiac death (SUD). Still, when you look to the law, an autopsy, a much needed truth-finding-instrument, usually is not mandatory and is left up to the discretion of various medical or legal authorities, which when making a decision, balance various, often conflicting interests of the state and society on the one hand and of the deceased and his family on the other. Cardiac molecular autopsy calls for a close cooperation between medical examiner, pathologist, family physician, cardiologist, geneticist, and the relatives. Multidisciplinary approach and the identification of genetic cause of SUD enable proper genetic counselling for surviving relatives as well as for implementing specific preventive/therapeutic strategies, e.g. implantable cardioverter-defibrillator (ICD) implantation.
The article is aimed at examining the admissibility of reopening cassation and reopening proceedings concluded with a decision to dismiss the extraordinary appeal measure. To this end, the article explores provisions on proceedings reopening (Articles 540 and 542 § 3 CCP), with particular focus on the term ‘court proceedings concluded with a final decision’ used by the legislator, and juxtaposes this with provisions on cassation appeal (concerning terms used in Article 521 of the Code of Criminal Procedure – ‘a final decision concluding court proceedings’ and ‘a final court decision concluding the proceedings’, and on prohibition of the so-called super-cassation, which has not been transferred to the institution of reopening of the proceedings). The author also analyses Supreme Court practice over the last twenty-odd years and reflects on historical changes to criminal procedure at the turn of the 21th century with regard to the institutions of annulment of court decisions and reopening of the proceedings.
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