download

2) whether there exist circumstances which preclude criminal prosecution, especiallywhether the statutory limit for criminal prosecution has lapsed or whether prosecution isprecluded by an amnesty of pardon, or whether the matter has already been adjudicatedby a final judgement;3) whether an applicable law was applied in relation to the criminal offence beingprosecuted;4) whether the court exceeded its statutory powers in its decisions on punishment,conditional punishment or judicial admonition, security measure or seizure of proceedsfrom crime or revocation of conditional release;5) whether provisions on calculation of time spent in detention and serving a sentencewere breached.Article 370(1) Judgements may also be challenged due to incorrect or incomplete establishment offacts when a court incorrectly established a decisive fact or failed to establish it.(2) Incomplete establishment of the facts also exists where new facts and new evidenceindicate so.Article 371(1) Judgements, or rulings on judicial admonitions, may be challenged due to thedecision on the penalty, conditional punishment and judicial admonitions where statutorypowers were not exceeded by such decisions (Article 369 item 4), but the court failed toadmeasure the penalty correctly in view of circumstances influencing the size of thepenalty and because the court applied or failed to apply provisions on mitigatingpenalties, on relief from punishment, on conditional sentences, on revocation ofconditional release or on judicial admonitions, although the statutory requirements fordoing so existed.(2) Decisions on security measures or seizure of proceeds from crime may bechallenged where there is no violation of the law referred to in Article 369 paragraph 1item 4) of this Code, but the court had rendered the decision improperly or had failed topronounce a security measure, or seizure of proceeds from crime, although thestatutory requirements for doing so existed.(3) Decisions on indemnification claims or costs of criminal proceedings may bechallenged if they are improper or contrary to statutory provisions.g) Appellate ProceedingsArticle 372