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

CASSATION PROCEDURE
Subject of the cassation appeal
Art. 346. Under the cassation procedure may be appealed:
1. the decisions and the new verdicts of the appellate instance, except these by which the
perpetrator has been discharged from criminal liability by imposing administrative punishment on the
grounds of Art. 78 of the Penal Code and these under Art. 341, Item1;
2. the new verdicts, rendered by the district Court as an appellate instance, except these by
which the perpetrator has been discharged form penal liability bu imposing administrative punishment
on the grounds of Art. 78a of the Penal Code;
3. the determinations of the District Court and of the Court of appeal under Art, 306, Para. 1,
rendered in the cases of a new verdict;
4. the decisions of the District Court or the Court of appeal, rendered for the first time at the
appellate procedure, by which the penal procedure is discontinued, suspended or its running is blocked.
Limitations of the cassation check
Art. 347, (1) The cassation instance shall check the verdict or the decision only at the appealed
part and also with regard to the appellants, and shall pronounce within two month period.
(2) The cassation instance shall cancel the verdict with regard to the defendants, who have not
lodged an appeal either, should the grounds therefore are in their favour.
Cassation grounds
Art. 348. (1) The verdict and the determination shall be subject to cancellation or amendment
under cassation procedure:
1. where the law is offended;
2. where a significant procedural breach has been admitted;
3. where the imposed penalty is obviously unjust.
(2) Offence of the law appears where it has been applied incorrectly or the law which shall be
applied has not been applied.
(3) The breach of procedural rules shall be significant if:
1. has led to limitation of the procedural rights of the defendant or of the other parties if has not
been removed;
2. there is no reasons or a record of a Court session of the first instance or the appellate
instance;
3. the verdict or the decision have been rendered by a non-lawful body;
4. the confidentiality of the deliberation has been broken during the rendering of the verdict or
the decision.
(4) The procedural breach which cannot be removed does not establish ground for cancellation
of the verdict.
(5) The punishment is obviously unjust, if:
1. it is not relevant to the social danger of the deed and the perpetrator, to the extenuating and
the aggravating the liability circumstances, as well as to the purposes of Art. 36 of the Penal Code;
2. incorrectly has been applied or incorrectly has been refused to apply suspended conviction.
Right to cassation appeal or to challenge
Art. 349. (1) The procedure before the cassation instance shall be instituted upon challenge of
the prosecutor or upon appeal of the other parties.
(2) The prosecutor may submit cassation challenge as in favour of the indictment as in favour
of the defendant.