Some aspects regarding the applicability of the non reformatio in peius principle through the appeal in cassation
Some aspects regarding the applicability of the non reformatio in peius principle through the appeal in cassation

Summary/Abstract: The increase of one of the punishments in the content of the crime contest, by the court invested only at the defendant's request, equals the violation of the special limits of the punishment and the violation of the non reformatio pejus principle. The phrase "...limits other than those prescribed by law" contained in Art. 438 paragraph 1 point 12 of the Code of Criminal Procedure refers to the limits of punishment established including through procedural law. The verification of the formal circumscription of the grounds of the appeal in the cassation, with the provisions of Art. 438 parag. 1 of the Code of Criminal Procedure, in the council chamber, without quoting the parties and without the participation of the prosecutor, presents unconstitutional valences.

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