Prohibition of Reformation in Peius and the Principle of Constitutionality

Csongor Herke, Csenge D. Tóth

Abstract


The requirement of the prohibition of reformatio in peius may arise taking into consideration several basic principles of the criminal procedure. The most important element of the prohibition of reformatio in peius is that it is a legal guarantee for the defence to be able to file an appeal without the risk that a judgment might be altered to the detriment of the accused. Therefore, the accused will have confidence that the appeal will not do wrong to his interest.
Nevertheless, the prohibition of reformatio in peius can only be considered as a legal favour, but at the same time, many problems and counterarguments are being discussed regarding the prohibition of reformatio in peius, such as the violation of fundamental principles and constitutionality. This paper examines the reasons for the existence of the prohibition of reformatio in peius in the course of the criminal procedure while arguing its connection to the principle of constitutionality.

Full Text: PDF DOI: 10.5539/jpl.v5n2p49

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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