Conviction on Appeal versus Acquittal in First Instance
Conviction on Appeal versus Acquittal in First Instance

Summary/Abstract: In the context of the recent legislative changes brought to the Romanian Code of Criminal Procedure, including regarding the solutions to the judgment of the appeal, the present study addresses the possibility of the appellate instance to pronounce a solution of sentencing the defendant acquitted in the first instance in the same case. Using, as research methods, documentation, interpretation and scientific analysis, this paper presents the current regulation of the resolution of the appeal according to the Romanian Criminal Procedure Code, with reference to the jurisprudence of the European Court of Human Rights in the matter of ensuring the fairness of the criminal process. At the end of the study, it is emphasized the need for the appellate instance to respect all the legal provisions that guarantee the respect of the fundamental right to a fair trial, as well as the jurisprudence of the European Court of Human Rights in the matter.

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