Apelul exclusiv al inculpatului. Încălcarea principiului non reformatio in pejus
The exclusive appeal of the defendant. The violation of the principle non reformatio in pejus

Summary/Abstract: The evaluation of non reformatio in pejus principle is made in concrete rather than in abstract. If, regarding its practical application, there are difficulties, the magistrate makes use of the incidental correlative rules, giving priority to the principle of humanism at the expense of a procedural norm. It is admissible the request of effective execution of the sentence formulated by the defendant to whom the court in the first instance has adopted the decision to postpone the punishment for a 2-year oversight period, as there is only a seeming worsening of the situation in its own way of attack, given the more burdensome nature of supervision in relation to the concrete and short-term situation of the appellant.

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