PENAL PROCEDURE CODE In force from 29.04 ... - Legislationline

2.it is found that the crime for which has been instituted a procedure upon complaint of the
private complainant is of general nature.
(2) The Court of appeal shall cancel the verdict and remand the case to the first-instance in the
cases of Art. 348, Para. 3, unless the Court on his own may remove the admitted breaches or they are
irremovable at the new hearing of the case.
(3) The Court of appeal may not cancel the verdict under Para. 1, Item 2 or cancel the acquittal
verdict under Para. 1 and Para. 2, if there is no relevant challenge by the prosecutor, respective appeal
by the private complainant or the private prosecutor.
Cancellation of the verdict and rendering of a new verdict
Art. 336. (1) The Court of appeal shall cancel the verdict and render a new verdict, where it is
necessary to:
1. apply a law of more sever punishable crime, if an indictment in such crime existed before the
first instance;
2. to convict an acquitted defendant, if the relevant indictment existed before the first instance;
3. acquit a defendant, convicted by the first-instance Court.
(2) The powers under Para. 1, Item 1 and 2 shall be exercised, if a relevant challenge by the
prosecutor, respective complaint by the private complainant or the private prosecutor exist.
Amendment of the first-instance verdict
Art. 337. (1) The Court of appeal may:
1. mitigate the punishment;
2. apply a law for same, equal or for a crime of lighter punishment;
3. dismiss the defendant from serving of the punishment in accordance to Art. 64, Para. 1 or
Art. 66 of the Penal Code;
4. discharge the defendant from criminal liability in accordance to Art. 78 and 78a of the Penal
Code.
(2) Where there is a relevant challenge by the prosecutor, respective complaint by the private
complainant or the private prosecutor, the Court of appeal may:
1. increase the punishment;
2. cancel the dismissal from serving the punishment under Art. 64, Para. 1 or Art. 66 of the
Penal Code.
(3) The appellate instance may also render only concerning the reasons and the grounds of the
acquittal of the defendant or on the civil claim.
Confirmation of the verdict
Art. 338. The Court of appeal shall confirm the verdict, where it finds, that there are no grounds
for its cancellation or amendment.
Contents of the decision of the appellate instance
Art. 339. (1) In its decision, the appellate instance shall state: upon whose appeal or challenge
the instance is pronouncing, the main content of the verdict, appeal and the challenge, a brief content of
the arguments as stated by the parties at the Court session and the decision on the appeal or the
challenge.
(2) Where it confirms the verdict, the appellate instance shall point out the grounds, on which it
does not accept the arguments stated to support the appeal or the challenge.
(3) Where the appellate instance renders a new verdict, the requirements of Art. 305 shall be
applied.