12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

part of the ruling on a judicial admonition shall include the requisite date referred to inArticle 356 paragraph 1 items 5) and 7) of this Code.(3) In the substantiation of the ruling the court shall state the reasons which guided it inpronouncing the judicial admonition.Article 461(1) Rulings on judicial admonitions may be challenged on the grounds referred to inArticle 367 paragraph 1 items 1) to 3) of this Code, as well as owing to the non-existenceof the circumstances which would justify the pronouncement of a judicial admonition.(2) Where a ruling on a judicial admonition contains a decision on ordering a securitymeasure or confiscation of proceeds from crime, it may be challenged on the groundsspecified in Article 371 paragraph 2 of this Code.(3) Where a ruling on a judicial admonition contains a decision on an indemnificationclaim or on the costs of criminal proceedings, it may be challenged on the groundsspecified in Article 371 paragraph 3 of this Code.Article 462A violation of the Criminal Code in the case of the pronouncement of a judicialadmonition shall be deemed to exist, except in connection with issues referred to inArticle 369 paragraph 1 items 1) to 3) of this Code, where the decision on a judicialadmonition, security measure or confiscation of proceeds from crime exceeded the legalpowers of the court.Article 463(1) Where an appeal against the ruling on a judicial admonition was lodged by theprosecutor to the detriment of the accused, a second-instance court may render ajudgement pronouncing the accused guilty and imposing a penalty or a conditionalsanction, if it finds that the court of first instance established all the decisive factscorrectly, but that correct application of the law provides for the imposition of a penalty ora conditional sentence.(2) Deciding on any appeal against a ruling on a judicial admonition, the court of secondinstance may issue a ruling dismissing the charges or acquitting the accused, if it findsthat the court of first instance established all the decisive facts correctly and that correctapplication of the law provides for the pronouncement of one of these decisions.(3) Where the conditions referred to in Article 388 of this Code exist, a second-instancecourt shall issue a ruling denying the appeal as unfounded and upholding the ruling ofthe court of first instance on the judicial admonition.Articles 464-504*(No longer in force)

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!