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25.01.2005. Decision of the Department of Criminal Cases of the Senate, case No SKK-25/2005
Soda izciešanas režīmu drīkst pastiprināt bez prokurora protesta, jo to nereglamentē Krimināllikums
16.11.2004. Decision of the Department of Criminal Cases, case No SKK-568/2004
Trial limits before an appellate court
21.10.2004. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-560/2004
An appellate court may not remit a case for further pre-trial investigation in order to bring a more serious charge, even at the request of a prosecutor, if no appeal has been lodged
07.09.2004. Decision of the Department of Criminal Cases of the Senate, case No SKK-483/2004
Apelācijas instances tiesas lēmums atcelts, jo tiesa nav pārbaudījusi un izvērtējusi visus sūdzībā minētos motīvus
15.06.2004. Decision of the Department of Criminal Cases, case No SKK-313/2004
Provisions of Sections 19.19.1, 51 and 299 of the Latvian Criminal Procedure Code must be observed also by an appellate court, which must not only examine and assess an existing evidence, but also conduct a full investigation of circumstances of a case, and the appellate court itself must take steps to eliminate any doubts that may arise as to the guilt of an accused
02.04.2004. Decision of the Department of Criminal Cases, case No SKK-165/2004
Section 446, Paragraph one, as well as Section 446 as a whole, of the Latvian Criminal Procedure Law must be interpreted in such a way that the scope of claims raised in an appeal may not be exceeded by adopting a ruling which is actually unfavourable to a defendant and detoriates his/her situation also in case of a civil claim
20.11.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-661/2003
Violating the provisions of Section 442, Paragraph seven of the Latvian Criminal Procedure Code, the pending appeal was unjustifiably left without consideration, thus terminating the appeal proceedings
15.11.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-657/2003
According to Section 446, Paragraph three of the Latvian Criminal Procedure Code, a court of appeal may impose a harsher sentence on a defendant only if a prosecutor's protest or a victim's complaint is submitted for this reason
11.11.2003. Decision of the Department of Criminal Cases, case No SKK-566/2003
When re-examining a case under the appellate procedure, the court must take into account what was contested by a cassation protest and what was indicated in a cassation court decision
30.09.2003. Decision of the Department of Criminal Cases, case No SKK-434/2003
A decision of a court of appeal was annulled because the court did not comply with the provisions of Section 19 of the Latvian Criminal Procedure Code regarding a complete, comprehensive and objective investigation of the case
02.06.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-336/2003
The victim's illness is clearly a justifying reason for her non-appearance at a court of appeal hearing. The decision of the court of appeal was annulled because the rights of a victim regulated in Section 100 of the Latvian Criminal Procedure Code were restricted
02.04.2003. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-215/2003
A decision of a court of appeal was canceled because the court did not find out the circumstances that were of significant importance in deciding the case, thus a violation of Sections 19, 19.1, 446 of the Latvian Criminal Procedure Code was committed
12.12.2002. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-592/2002
If the appellate court, when examining the case based on the defendant's complaints, overturned the judgement of the first instance court as being contradictory, then, when reexamining the case, the first instance court is bound by the restrictions provided for in Section 446, Paragraph two of the Latvian Criminal Procedure Code
18.12.2002. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-536/2002
The decision of the appellate court was annulled because the court, having doubts about the defendant's state of mental health, did not use the opportunity provided for in Section 443 of the Latvian Criminal Procedure Code to order a forensic psychiatric examination on its own initiative
11.06.2002. Decision of the Department of Criminal Cases, case No SKK-185/2002
The appellate court, by making a decision on the renewal of the court investigation and consideration of the victim's appeal, canceling the previously adopted decision on leaving the victim's appeal without consideration, did not violate the provisions of the Criminal Procedure Law
14.05.2002. Decision of the Department of Criminal Cases, case No SKK-179/2002
The decision of the appellate court on changing the security measure from prohibition to change the place of residence to detention was canceled
11.03.2002. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 95/2002
The decision to leave the appeal without consideration was cancelled because the court did not clarify why the defendants did not appear at the court hearing
16.04.2002. Decision of the Department of Criminal Cases, case No SKK-92/2002
If the first instance court has submitted the civil claim for consideration in the civil procedure, the appellate court may not decide it on its merits. From the point of view of criminal procedure, the decision on assigning the case for consideration in the appeal procedure is not the same as the decision on bringing the accused before court
11.02.2002. Decision of the Department of Criminal Cases, case No SKK-61/2003
A court of appeal has rightly transferred a case to a prosecutor for pre-trial investigation
05.03.2002. Decision of the Department of Criminal Cases, case No SKK-56/2002
The decision of the appellate court was annulled as it was contradictory. In accordance with Section 447, Paragraph one, Clauses 2 and 3 of the Latvian Criminal Procedure Code, the appellate court shall render a judgment
12.02.2002. Decision of the Department of Criminal Cases, case No SKK-32/2002
According to Section 447, Paragraph one, Clause 5 of the Latvian Criminal Procedure Code, the appellate court can completely annul the rulings of the first instance court and refer the case to the same first instance court for re-examination
20.11.2001. Decision of the Department of Criminal Cases, case No SKK-377/2001
The fact that, when assigning the case for consideration by the appelate court, the court has indicated in its decision that the victim must be summoned to the court session, does not prevent the court from having the opportunity during the trial of the case, if the victim does not appear, to decide whether or not the case can be considered without the victim
12.09.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-316/2001
The court, failing to verify whether the appellant actually received a summons to the court hearing, recognized without sufficient grounds that she deliberately did not appear at the court hearing, and unjustifiably left the appeal without consideration
25.07.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-260/2001
The decision to leave the appeal without consideration can be annulled if the defendant has not received the notice of the court hearing
21.11.2001. Decision of the Department of Criminal Cases, case No SKK-255/2001
Victims and witnesses interrogated at the hearing of the first instance court may be summoned to the hearing of the appellate court only if such a request has been submitted in compliance with the requirements of Section 442, Paragraph six of the Latvian Criminal Procedure Code
04.09.2001. Decision of the Department of Criminal Cases, case No SKK-250/2001
The appellate court's acquittal verdict was left unchanged, because the court did not allow violations of Sections 19, 51, 299, and 313 of the Latvian Criminal Code
27.06.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-229/2001
If the defendants in their appeals contested the factual circumstances of the case, the assessment of the evidence and the sentence established by the judgment of the court of first instance, the case shall be reviewed by the appellate court. Such grounds raised in appeals do not correspond to the competence of the court of cassation
19.06.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-217/2001
By not accepting the case for consideration in the appeal procedure, the appellate court violated the rights of the defendant provided for in Sections 433, 434 and 442 of the Latvian Criminal Procedure Code
07.06.2001. Decision of the Department of Criminal Cases, case No SKK-190/2001
If the appellate court mitigates the sentence for one offense, the principles of determining the final sentence can be applied at its discretion in accordance with Section 38, Paragraph one of the Latvian Criminal Code, Section 50, Paragraph one of the Criminal Law; Considering the aggregation of offenses, the final sentence must not be more severe than the sentence determined by the court of first instance
05.06.2001. Decision of the Department of Criminal Cases, case No SKK-174/2001
Lawfulness and reasonableness of the decision of the appellate court
02.05.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-163/2001
The decision of the appellate court to leave the appeal without consideration was annulled in order to ensure the defendant's right to a fair trial
22.05.2001. Decision of the Department of Criminal Cases, case No SKK-156/2001
08.05.2001. Decision of the Department of Criminal Cases, case No SKK-147/2001
If the first instance court has left the civil claim without consideration, the appellate court may not review the civil claim on its merits
12.04.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-138/2001
The decision of the appellate court on the termination of the appeal proceedings was annulled due to non-compliance with the conditions of Section 436, Paragraph one of the Latvian Criminal Procedure Code
27.03.2001. Decision of the Department of Criminal Cases, case No SKK-85/2001
According to Section 446, Paragraph one of the Latvian Criminal Procedure Code, the appellate court may exceed the scope of claims expressed in the protest or complaint if it has doubts about the guilt of the defendant found by the court of first instance or about circumstances that aggrevate his liability
15.03.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-61/2001
The cassation complaints were rejected without examining a case in court hearing, because the prosecutor's reasoned application for the rejection of the cassation complaints was recognized as justified due to the fact that there was no basis for reexamination of the judgement
27.02.2001. Decision of the Department of Criminal Cases, case No SKK-57/2001
The appellate court is entitled to annul the judgement of the first instance court and consider the case on its merits, even though the appeal protest requested to annul the judgement of the first instance court and to refer the case for consideration to the district court by a different judicial panel
12.01.2001. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-24/2001
According to the provisions of Section 442, Paragraph seven of the Latvian Criminal Procedure Code, the defendant's appeal may be left without consideration only if he does not appear at the court hearing with no valid reason
15.12.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-377/2000
The appeal of the defandant may be left without consideration and the appeal proceedings in the criminal case may be terminated only if the defendant does not appear at the court hearing without justifiable reasons
12.12.2000. Decision of the Department of Criminal Cases, case No SKK-341/2000
Lawfulness and validity of the judgment of the appellate court
07.11.2000. Decision of the Department of Criminal Cases, case No SKK-305/2000
If the public prosecutor withdraws the charge, the higher ranked prosecutor may reopen the public charge or declare that it will not be done, even before the 72-hour time limit has expired. The appellate court may satisfy the victim's complaint of unjustified acquittal only if the prosecutor upholds the complaint
19.09.2000. Decision of the Department of Criminal Cases, case No SKK-269/2000
The decision of the appellate court is left unchanged because the court had acted in accordance with the requirements of Article 442 of the Latvian Code of Criminal Procedure regarding the procedure for summoning witnesses and victims to a court hearing
04.09.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-226/2000
If a plaintiff in civil case has not filed an appeal against a judgment of a court of first instance by which his civil action has been dismissed, the appellate court cannot decide the civil action on the merits, thus violating the limits of the case, in accordance with the provisions of Article 446 of the Latvian Code of Criminal Procedure
23.05.2000. Decision of the Department of Criminal Cases, case No SKK-139/2000
The cassation complaints of the defendant and his defense counsel are unreasonably grounded on a violation of Article 52, Paragraph two and Article 442, Paragraph two of the Latvian Code of Criminal Procedure
18.04.2000. Decision of the Department of Criminal Cases, case No SKK-90/2000
The decision of the appellate court is annulled because the court did not examine the appeal in full, but erroneously acknowledged the fact that the defendant pleaded guilty at the hearing of the appellate court as a withdrawal of the appeal
09.03.2000. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-69/2000
When examining a case where a juvenile defendant is disabled, it must be taken into account that according to the
08.02.2000. Decision of the Department of Criminal Cases, case No SKK-20/2000
The appellate court, without considering the merits of the case, has violated the requirements of Article 433 of the Latvian Code of Criminal Procedure, therefore its decision has been annulled
25.01.2000. Decision of the Department of Criminal Cases, case No SKK-15/2000
The lawfulness and reasonability of the decision of the appellate court
25.01.2000. Decision of the Department of Criminal Cases, case No SKK-10/2000
The judgment of the appellate court is reasoned and substantiated by evidence examined and assessed at the court hearing and, in accordance with the provisions of Article 447, Paragraph two of the Latvian Code of Criminal Procedure, is left unchanged when adopting the decision
29.11.1999. Decision of the Department of Criminal Cases, case No SKK-332/1999
The appeal in cassation was dismissed because the appellate court, in its detailed description, analysis and overall assessment of the evidence, reasoned that it was insufficient, on the basis of inconsistencies in the evidence, to plead guilty to the charge of incitement
12.10.1999. Decision of the Department of Criminal Cases, case No SKK-300/1999
The court cannot make a lawful and reasoned judgment if the prosecution decision contains serious deficiencies and does not meet the requirements of Article 146 of the Latvian Criminal Procedure Code
28.09.1999. Decision of the Department of Criminal Cases, case No SKK-289/1999
The decision of the appellate court to leave the appeal of the victim's legal representative without reviewing the claim was annulled, recognizing that the legal representative had not appeared at the hearing for justifying reasons. Such decisions shall be subject to appeal with a view to safeguarding the right of individuals to a fair trial
14.09.1999. Decision of the Department of Criminal Cases, case No SKK-273/1999
In accordance with the provisions of Article 447 of the Latvian Code of Criminal Procedure, one of the decisions referred to in that Article shall be taken as a result of an appeal by a court of appeal. The said procedural provision does not provide that the court has yet to make a separate decision on the appeal of the party in the operative part of the judgment
20.05.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-160/1999
The public prosecutor who attended the appeal court hearing or the position of the higher prosecutor shall have the right to appeal against the decision of the appellate instance court
07.05.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-145/1999
By dismissing the defendant's appeal in cassation, the appellate court effectively ruled on that appeal by assuming the function of a superior court
13.05.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-143/1999
When requesting a court to summon witnesses questioned at first instance to be heard again by the appellate court, the request must be substantiated - in what circumstances is it necessary for them to be examined
26.04.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-103/1999
The judge of appellate court is not alone in deciding whether or not to appeal
11.03.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-88/1999
The appeal must be lodged in writing no later than 10 days after the judgment is given, and the defendants in custody shall lodge the appeal within the same time limit as from the date of receipt of the copy of the judgment
01.03.1999. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-70/1999
The decision of the appellate court rejecting the hearing of the victim's complaint at the hearing must comply with the requirements of the criminal procedure norms
14.12.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-407/1998
The appellate court unreasonably dismissed the defendant's appeal, which complies with the provisions of Article 434 of the Latvian Criminal Procedure Code, and did not hear the case at the hearing
14.12.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-395/1998
The judgment of the appellate instance court shall consider all the grounds stated in the appeal
22.12.1998. Decision of the Department of Criminal Cases, case No SKK-390/1998
The judgment has been set aside because the appellate instance court has failed to comply with the requirements of Article 440 of the Latvian Criminal Procedure Code, which provides that the appellate court shall deal with the case in the same manner as a criminal trial before the first instance court; The judgment of the appellate instance court shall comply with the requirements of Article 313 of the Latvian Code of Criminal Procedure
15.12.1998. Decision of the Department of Criminal Cases, case No SKK-354/1998
The appellate instance court was right to overturn the attachment order because there was no restriction on the defendant's disposal of his property until the grant agreement
29.09.1998. Decision of the Department of Criminal Cases, case No SKK-306/1998
After hearing the appeal, the court unjustifiably referred the case for further investigation to determine the circumstances that aggravate the offender's criminal liability
08.09.1998. Decision of the Department of Criminal Cases, case No SKK-267/1998
The appellate court, when reviewing the correctness of the first instance judgment, must independently examine, evaluate and conclude on the evidence
28.08.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-249/1998
The case was referred to the appellate court because the facts and evidence of the case were disputed in the cassation appeal of the defendant
25.06.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-242/1998
Appellate instance court judgment overturned due to violation of Article 446 of the Latvian Code of Criminal Procedure regarding the boundaries of proceedings in the appellate court
15.06.1998. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-232/1998
According to Articles 433 and 440 of the Latvian Code of Criminal Procedure, the appeal court hears the case on the merits in accordance with the same procedure as the trial court, and is not bound by the assessment of the circumstances of the case, in determining the sentence for the defendants, given by the court of first instance
09.06.1998. Decision of the Department of Criminal Cases, case No SKK- 206/1998
The offense provided for in Article 139 (3) of the Latvian Criminal Code has been completed despite the fact that one of the perpetrators escaped from the crime scene after part of the robbery was discovered and two other members of the crime were detained by the police during the escape. In the context of an appeal on a defendant's appeal, no more severe penalty may be imposed on the defendant
09.06.1998. Decision of the Department of Criminal Cases, case No SKK- 1993/1998
The defendant's appeal in cassation has been dismissed because the evidence at the time of the judgment was assessed in accordance with the requirements of the Code of Criminal Procedure and the part of the article of the Criminal Code which should have been applied was classified as his offense.
28.04.1998. Decision of the Department of Criminal Cases, case No SKK-144/1998
The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the preparation of the judgment in the court of first instance
19.02.1998. Decision of the Department of Criminal Cases, case No SKK-59/1998
The examination of the evidence by the appellate court
10.02.1998. Decision of the Department of Criminal Cases, case No SKK-20/1998
On determination of inpatient forensic psychological psychiatric examination in the court of appeal
20.01.1998. Decision of the Department of Criminal Cases, case No SKK-9/1998
In order to decide on a request for a forensic psychiatric examination, documents relating to the defendant's mental health status must be requested from the medical institution where the defendant was treated
13.01.1998. Decision of the Department of Criminal Cases, case No SKK- 2/1998
The fact that two judges of the Civil Court Chamber of the District Court and one judge of the Criminal Court Chamber took part in the hearing of the appeal is not a violation of the Criminal Procedure Law
13.01.1998. Decision of the Department of Criminal Cases, case No SKK- 1/1998
The judgment was set aside because it did not meet the requirements of the Criminal Procedure Law
18.12.1997. Decision of the Department of Criminal Cases, case No SKK-357/1997
The judgment was annulled because the appellate court did not comply with the requirements of Section 440 of the Latvian Code of Criminal Procedure, which stipulates that a case shall be heard in an appellate court in accordance with the procedure of a first instance court, except for provided for in Chapter 36 of the Latvian Code of Criminal Procedure. The judgment of the appellate court must also comply with the requirements of Section 313 of the Latvian Code of Criminal Procedure
06.11.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-322/1997
Adjudication of a case on the merits before the appellate court for both factual and legal reasons
03.11.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-318/1997
Summoning and interrogating witnesses in the appellate court
29.09.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-287/1997
The appellate court was right not to summon witnesses heard at the court of first instance, given that the defendant did not challenge the accuracy and completeness of the minutes of the hearing, including the records of the testimony given by the witnesses
04.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-221/1997
An appellate court, by reinforcing the regime of serving a sentence for a convict, has not violated the provisions of Section 446 of the Latvian Code of Criminal Procedure
11.08.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-215/1997
Imposition of a more severe penalty on the defendant is permissible only in cases where a protest of a prosecutor or a complaint of a victim is submitted for this reason. The prohibition on increasing the penalty in the case of defendants' complaints applies to both appeal and cassation proceedings
19.06.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-208/1997
The appeal shall be examined in the amount of the claims expressed therein in accordance with the provisions of Section 446 of the Latvian Code of Criminal Procedure
26.06.1997. Decision of the Department of Criminal Cases, case No SKK-199/1997
The motives of the defendant indicated in the cassation appeal regarding the restriction of his procedural rights were held to be unfounded
13.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-160/1997
When adjudicating a case in an appellate court, defendants whose interests are affected by the submitted appeal or protest shall be summoned to a hearing
12.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-153/1997
The court has jurisdiction to decide on the requests submitted by the parties at the court hearing
24.05.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-151/1997
The appellate court unreasonably left the cassation appeal without examination, in fact assuming the functions of the cassation court
08.04.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-125/1997
The request in the cassation appeal and protest to reevaluate the factual circumstances of the commission of the recognized criminal activity is the motive of the appeal and shall be examined in the appeal procedure
18.02.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-67/1997
It is not considered a significant violation of the Criminal Procedure Law to hear a case in an appellate court without the presence of victims and witnesses, if the defendant has agreed to it
18.02.1997. Decision of the Department of Criminal Cases, case No SKK-32/1997
The judgment of the court of appeal shall be drawn up in accordance with the requirements of the Criminal Procedure Law regarding the drawing up of a judgment in the court of first instance
13.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-18/1997
The court may examine the testimony given by victims and witnesses during the pre-trial investigation if the circumstances specified in Section 285 of the Latvian Code of Criminal Procedure exist. These circumstances also apply to the proceedings before the appellate court
03.01.1997. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-11/1997
In drawing up a new judgment and commuting the sentence imposed on the defendants, the appellate court correctly took into account the fact that both, having previously been convicted and repeatedly committed a serious crime, made a candid cofession, regretted their conduct and with this attitude they helped to clarify the truth in the case
03.12.1996. Decision of the Department of Criminal Cases, case No SKK-279/1996
On examination of the evidence by the appellate court
17.12.1996. Decision of the Department of Criminal Cases, case No SKK-270/1996
Renewal of the time-limit for lodging an appeal
08.11.1996. Decision of the Department of Criminal Cases, case No SKK-249/1996
On summoning of witnesses before the appellate court
04.09.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-237/1996
On the limits of the proceedings before the appellate court
30.08.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-224/1996
On the right of an appellate court to summon a victim and a witness to a hearing
30.07.1996. Decision of the Department of Criminal Cases, case No SKK-185/1996
09.07.1996. Decision of the Department of Criminal Cases, case No SKK-171/1996
On the lawful decision of the appellate court which has referred the case for supplementary investigation
22.07.1996. Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-158/1996
On the right to refer the case for supplementary investigation
11.06.1996. Decision of the Department of Criminal Cases, case No SKK-112/1996
On the application of the provisions of Section 442 of the Latvian Criminal Procedure Code by the appellate court
21.05.1996. Decision of the Department of Criminal Cases, case No SKK-92/1996
On the interrogation of witnesses at the hearing of the appellate instance court
10.04.1996. Decision of the Department of Criminal Cases, case No SKK-69/1996
On the delivery of the judgment of the court of appeal
27.03.1996. Decision of the Department of Criminal Cases, case No SKK-59/1996
By rejecting the defendant's request to summon and hear witnesses who were not questioned by the court of first instance, the appellate court had significantly restricted defendant’s rights
27.03.1996. Decision of the Department of Criminal Cases, case No SKK-38/1996
On compliance with the norms of criminal procedure when examining evidence by the appellate court