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Chapter 53. Trial of a Case in Accordance with Appellate Procedures (Sections 560-568)

09.03.2021. Decision of the Department of Criminal Cases, case No SKK-164/2021 The right of an accused to express a motivated request regarding the trial of a case in the oral procedure in the appellate instance court during the emergency situation

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10.05.2021. Decision of the Department of Criminal Cases, case No SKK-25/2021 Summoning of the witnesses who have been interrogated in the first instance court hearing to the appellate instance court hearing

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26.03.2021. Decision of the Department of Criminal Cases, case No SKK-J-13/2021 Deciding on the request of the persons involved in criminal proceedings if the trial of the criminal case is commenced de novo; Impossibility of approving the agreement between the accused and the prosecutor on admission of guilt and a punishment in the appellate instance court

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2021. Decision of the Department of Criminal Cases, case No SKK-[A]/2021 Assessment of the attitude of the accused toward the amended accusation in the appellate instance court as circumstance affecting the punishment

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2021. Decision of the Department of Criminal Cases, case No SKK-[K]/2021 Possibility to try a case in an oral procedure if the trial of a case in the appellate instance court have been initiated in written procedure

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03.11.2020. Decision of the Department of Criminal Cases, case No SKK-466/2020 Ensuring of the right of an accused to state guaranteed-defense in the appellate instance court

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20.01.2020. Decision of the judge of the Department of Criminal Cases, case No SKK-120/2020 Obligation of the appellate court to ascertain the reasons why the accused has not attended the court hearing

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09.04.2020. Decision of the Department of Criminal Cases, case No SKK-68/2020 Extent and framework within which a case should be examined in the appellate instance court

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22.05.2019. Decision of the Department of Criminal Cases, case No SKK-289/2019 Competence of the appellate instance court to send a criminal case to the first instance court for a new review

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30.08.2019. Decision of the Department of Criminal Cases, case No SKK-57/2019 Distinction of amendments to accusation from appellate protest in appellate proceedings; Abettor of a criminal offence; Inadmissibility to amend the accusation to more severe in the appellate instance court

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30.08.2019. Decision of the Department of Criminal Cases, case No SKK-57/2019 Distinction of amendments to accusation from appellate protest in appellate proceedings; Abettor of a criminal offence; Inadmissibility to amend the accusation to more severe in the appellate instance court

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04.10.2019. Decision of the Department of Criminal Cases, case No SKK-48/2019 Rendering of a new judgment in the appellate instance court

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11.01.2019. Decision of the Department of Criminal Cases, case No SKK-38/2019 Extent and framework within which a case should be examined in the appellate instance court taking into consideration motives of the appellate protest

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30.11.2018. Decision of the Department of Criminal Cases, case No SKK-439/2018 Assessment of evidence; Grounds for rejection of the request regarding the witness to be summoned to the session of the appellate instance court

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06.09.2018. Decision of the Department of Criminal Cases, case No SKK-420/2018 Determination of the compensation to the victim for costs related to the legal assistance; Inadmissibility of imposing more severe punishment in the appellate instance court, if the victim in the first instance court has agreed to the opinion of the public prosecutor regarding the punishment and there is no submitted appellate protest

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03.09.2018. Decision of the Department of Criminal Cases, case No SKK-413/2018 Conditions for imposing more severe punishment in the appellate instance court

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24.05.2018. Decision of the Department of Criminal Cases, case No SKK-150/2018 Determination of new circumstances affecting liability in the court of appeal and the possibility of taking them into consideration in imposing a punishment; Exclusion of aggravating circumstances in the court of appeal shall be grounds to reduce the punishment

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14.02.2018. Decision of the Department of Criminal Cases, case No SKK-125/2018 The right of the appellate instance court to impose more severe punishment

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20.02.2018. Decision of the Department of Criminal Cases, case No SKK-54/2018 The right of the appellate court acting in the scope of the appellate protest to impose more severe punishment in case where violation of the right to the trial within a reasonable time is established

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16.11.2017. Decision of the Department of Criminal Cases, case No SKK-638/2017 Form of the request of the victim to examine his or her appellate complaint or appellate complaint of his or her representative in the absence of a victim; The duty of the appellate instance court to write full text of a ruling

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10.10.2017. Decision of the Department of Criminal Cases, case No SKK-532/2017 Examination of a case in an appellate court

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21.11.2017. Decision of the Department of Criminal Cases, case No SKK-529/2017 The competence of the appellate instance court if the case was examined in the first instance court without verification of evidence

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26.09.2017. Decision of the Department of Criminal Cases, case No SKK-458/2017 Persons who shall be summoned to a session of an appellate instance court if the case has been transferred for new review

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06.02.2017. Decision of the Department of Criminal Cases, case No SKK-153/2017 Failure of the accused to arrive at a court session with justifiable reason

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03.01.2017. Decision of the Department of Criminal Cases, case No SKK-98/2017 Leave of the apellate complaint of the accused and the defence counsel without adjudication due to not arrival of the accused at a court session without a justifiable reason

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02.02.2017. Decision of the Department of Criminal Cases, case No SKK-27/2017 Modification of a prosecution in the court of appeals

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06.01.2017. Decision of the Department of Criminal Cases, case No SKK-4/2017 Determination of causation between intentional serious bodily injury and the death of the victim qualifying an offence in accordance with Section 125 (3) of the Criminal Law; restriction of the court of appeals to adjudge different additional punishment from the one adjudged by the court of first instance

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14.12.2016. Decision of the Department of Criminal Cases, case No. SKK-632/2016 A description of the criminal offence as a constituent part of lawful and justified judgment of conviction

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17.05.2016. Decision of the Department of Criminal Cases, case No SKK-318/2016 Contradictory judgement 

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31.03.2016. Decision of the Department of Criminal Cases, case No SKK-25/2016 Transfer of a bribe and offering of a bribe as independent completed criminal offences; factual circumstances of bribe-giving, which differ from the accusation and which deteriorate the position of the accused

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30.09.2015. Decision of the Department of Criminal Cases, case No. SKK-318/2015 Borders of examination of  case, when hearing the case repeatedly in the appellate instance court upon the decision of the cassation instance court

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13.03.2015. Decision of the Department of Criminal Cases, case No SKK-43/2015 Competence of the appellate instance court envisaged in Section 566 of the Criminal Procedure Law regarding transfer of a criminal case for new review in the first instance court

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27.01.2015. Decision of the Department of Criminal Cases, case No SKK-9/2015 New description of the offence, establishing circumstances different from the first instance court

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17.12.2014. Decision of the Department of Criminal Cases, case No SKK-765/2014 “Refusal from accusation” and “non-supporting of a victim’s complaint” are separate legal institutes

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06.11.2014. Decision of the Department of Criminal Cases, case No SKK-505/2014 Authority of an appellate instance court to assess conclusions expressed in reasoning part of a ruling of the first instance court

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13.03.2014. Decision of the Department of Criminal Cases, case No SKK-123/2014 Competence of the appellate instance court to transfer a case for new review in the first instance court

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06.02.2014. Decision of the Department of Criminal Cases, case No SKK-89/2014 Failure to inform of time and place of examination of a case as violation of the right of the accused in the appellate instance court

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10.12.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-676/2013 The appellate instance court is not authorised to amend another judgement of the first instance court, which became effective

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04.04.2013. Decision of the senator of the Department of Criminal Cases of the Senate, case No SKK-197/2013 Home regime as a justifying reason for the purpose of Paragraph Three Section 560 of the Criminal Procedure Law  

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12.03.2013. Decision of the Department of Criminal Cases of the Senate, case No SKK-98/2013 Jurisdiction of the appellate instance court, if a case was reviewed in the first instance court without verification of evidence

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09.05.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-291/2012 Leaving an appellate claim without examination due to no-show of an accused

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17.04.2012. Decision of the Department of Criminal Cases of the Senate, case No SKK-208/2012 Contradictious decision of a court of an appellate instance as unfit procedural document

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29.09.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-445/2011 A court of an appellate instance has restricted right to establish additional qualification circumstances, which were not established by the court of the first instance

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26.01.2011. Decision of the Department of Criminal Cases of the Senate, case No SKK-17/2011 Authority of a court of the appellate instance to assess validity of determination or non-determination of a compensation of moral harm

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07.09.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-424/2010 Doubts about guilt of an accused in understanding of the Section 562 of the Criminal Procedure Law

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30.08.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-331/2010 Review of a case without examination of evidences in a court of the first and of the appellate instance

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21.09.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-314/2010 Role of a court in establishing actual circumstances of commitment of an offence

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03.06.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-284/2010 A court of the appellate instance may decide upon let-off of an accused person in written proceedings

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21.01.2010. Decision of the Department of Criminal Cases of the Senate, case No SKK-15/2010 Obligation of the appellate instance court to go beyond borders of an appellate complaint

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03.12.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-665/2009 Right of the appellate instance court to improve situation of an accused

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22.05.2009. Decision of the Department of Criminal Cases of the Senate, case No SKK-309/2009 No-show of an accused in a court hearing of the appellate instance without justification

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02.06.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-269/2008 Alteration of accusation to more grievous in the appellate instance court

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27.03.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-132/2008 Compliance of content of a judgement of the appellate instance court with requirements of the Section 564 of the Criminal Procedure Law

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18.03.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-129/2008 Scope, at which a case is examined in the appellate instance court

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18.03.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-125/2008 Right of the appellate instance court to apply law on more grievous offence and to impose heavier punishment

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04.12.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-654/2007 Forced labor is heavier penalty than fine

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28.08.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-385-2007 Obligation of the prosecutor to require removal of the judge; Conflict of interests for a judge; Right of the appellate court to send the case to the first instance court for re-examination; Commercial corruption

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02.05.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-255/2007 Determination of the final sentence in accordance with Section 51 of the Criminal Law

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28.12.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-743/2006 Content of the ruling of the court of appeal, when making a new judgment 

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25.07.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-517/2006 Failure of the accused to arrive at a court session with justifiable reason; Change of security measure

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03.10.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-472/2006 The right of the court of appeal to perform court investigation, going beyond amount and limits of the appellate complaint

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06.07.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-459/2006 Content of the judgment of the court of appeal

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27.04.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-238/2006 If exclusion of particular episodes of offences or that of some qualification feature of an offence doesn’t alter accusation significantly in general, then the appellate instance court doesn’t have to give new description of an offence in its ruling

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