Appeal. Non-aggravating effect. Violation

Abstract

The effect of not aggravating the situation in one’s own appeal is violated, if – in the appeal filed exclusively by the defendant – the court of appeal enforces the accessory punishment of prohibiting the exercise of certain rights, which the first court did not enforce, even if – in the same appeal – the court of appeal replaces the main punishment of life imprisonment, which the first court enforced, with the main punishment of imprisonment.

(High Court of Cassation and Justice, Criminal Section, decision no. 361/RC/6.09.2022)