Particularităţi ale efectului devolutiv şi al principiului non reformatio in pejus în apelul procurorului

Judecător Damian Marius Mitea,

Curtea de Apel Constanţa, Secţia penală şi pentru şi pentru cauze penale cu minori şi de familie

Particularities of the devolutive effect and of the principle non reformatio in pejus in the prosecutor’s appeal

Abstract

The limits of the devolutive effect of the appeal are established in relation to the notes made in the appeal. In practice, the statement of appeal sometimes does not include all the elements to help establish the limits of the devolutive effect, but given that the statement of appeal refers to a party/procedural subject, it must be accepted that the appellate court will consider the case under all issues, with reference to this party/procedural subject, as devolution is determined by the statement of appeal, and not by the grounds of appeal invoked, which are not, as a rule, relevant in establishing the limits of the devolution.

The...