Agravarea tratamentului sancţionator ca urmare a admiterii apelului declarat de partea civilă în latura penală a cauzei

Asist. univ. dr. Lucian CRISTE*

* lucian.criste@law.ubbcluj.ro.

Facultatea de Drept, Universitatea Babeş-Bolyai din Cluj-Napoca

Aggravation of the penal treatment as a result of the civil party’s appeal being admitted on the criminal aspect of the case

Abstract

In a criminal case, the civil parties were the only ones to file an appeal concerning the criminal aspects of the first-instance court’s judgment. The prosecutor did not file an appeal. The court of appeal enhanced the punishment imposed and changed its execution manner, ordering the prison sentence to be served under a detention regime. According to article 409 paragraph (1) letter (c) of the Criminal Procedure Code, the civil party has the right to appeal both the civil and penal aspects of the judgment. The following article explores the possibility of the appellate court worsening the defendant's situation in the...