Problems with the application of regulations concerning prohibition of “reformationis in peius” by the appellate court — case study

Abstract

The article presents an example of an appeal court judgment was used in which the provisions concerning the prohibition of reformationis in peius were misapplied. It was pointed out that in some cases when the court of first instance wrongly convicts defendant of a crime committed in the form of complicity, while the accused fulfills the features of a chain-like incitement, it is necessary to acquit. This could happen under two conditions: firstly, if the judgement would not be appealed to the detriment of the accused; secondly, if the description of the offense in the conviction is structured in such a way that it does not include all statutory elements of the crime.