PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 43
Anyone shall be entitled to file an appeal against a judicial decision before a higher court, except if otherwise provided in the law for criminal offences of a minor character, for civil and administrative matters of minor importance or value, according to the conditions provided in articles 17 of the Constitution.

TITLE VIII APPEALS
CHAPTER I GENERAL RULES
Article 407 Cases and means of appeal
1. The law provides for the cases in which the decisions and orders of the court may be appealed, as well as the means for appealing.
2. The appeal against the orders of the court, unless the law provide otherwise, may be filed along with the appeal against the decision.
3. The means for appealing are: the appeal to the court of appeal, the appeal to the High Court and the request for revision.
4. A person has The right to appeal, when it is expressly acknowledged by the law. If the law does not differentiate among the parties, each of them has the right to appeal.
5. If the appeal is filed with an incompetent court, it shall transfer the acts to the competent court.

Article 408 Appeal by the prosecutor
The prosecutor may file an appeal with the higher court, in cases foreseen by this code.

Article 409 Appeal by the accusing victim
1. The accusing victim may appeal, personally or through his representative, both for criminal or civil effects. He may withdraw the appeal filed by the representative.

Article 410 Appeal by the defendant
1. The defendant may appeal personally or through his defence lawyer. The legal guardian of the defendant may file any appeal that the defendant is entitled to.
2. The decision issued in absentia may be appealed by the defence lawyer, only if he is specifically authorised by the defendant, by means of a power of attorney, issued in the forms provided for by the law, or by statement made in the hearing.
3. The defendant may withdraw the appeal made by his defence lawyer, but if he is legally incapable to act, the consent of the legal guardian shall be obtained.
4. An appeal by the defendant against the conviction or acquittal includes an appeal against the part of the decision on the obligation of restitution of property, compensation for damage and payment of court procedure expenses.

Article 411 Appeal by victim, civil plaintiff and civil defendant
1. The accusing victim and the civil plaintiff may appeal against the points of the convicting decision connected with the civil lawsuit and, in case of acquittal, only against the effects of civil liability.
2. The victim and civil plaintiff may appeal against the parts of the decision regarding the liability of the civil defendant for the restitution of the property, the compensation for the damage and procedural expenses.

TITLE VIII APPEALS
CHAPTER II APPEAL
Article 422 The right of appeal
1. The prosecutor, the defendant and the civil plaintiff and the civil defendant are entitled to file an appeal against decisions of the first instance court.

TITLE VIII APPEALS
CHAPTER II APPEAL
Article 425 Limits of case review
1. The court of appeal reviews the case within the grounds presented in the appeal. For the questions of law to be reviewed ex officio, and for the grounds presented in the appeal which are not based on personal motivation, the court of appeal shall review also the part related to co- defendants who have not filed an appeal.
If the prosecutor or the accusing victim file an appeal, the court of appeal:
a) may give the fact a more severe legal qualification, change the type or raise the punishment sentence, change the precautionary measures and impose any other measure provided for or allowed by the law;
b) may convict a person who has been acquitted, acquit him under a ground different from what has been admitted in the appealable decision, impose the measures indicated in the letter “a”;
c) may apply, change or exclude supplementary or alternative sentences.
ç) give the fact a more severe legal qualification than the one requested by the prosecutor, if the case falls within its subject matter competence. In this case, the court shall reopen judicial examination and apply the provisions of paragraph 2, of article 375, of this Code.
2. If only the defendant appeals, the court may not impose a more severe sentence, a more severe precautionary measure, acquittal on less favourable grounds than that of the appealed decision, nor give the fact a more severe legal qualification.

Article 426 Preliminary actions of the trial
1. The presiding judge of the chamber of court of appeal orders the summons of the defendant, civil plaintiff and the civil defendant, as well as the defence lawyers and their representatives. The time limit may not be less than ten days.
2. The summons order is invalid if the defendant has not been precisely identified or when the place, the day and the hour of appearance are not precise.

Article 426/a Judicial examination in the Court of Appeal
1. Before the judicial examination starts, the presiding judge of the judicial panel verifies whether the parties are present. If the parties fail to appear, the presiding judge shall verify whether they have been duly notified and whether their absence is justified.
2. After the verification of the parties and their legal standing, the court shall announce the judicial panel and declare the discussion open.
3. The presiding judge or a member of the panel shall report in a summary form on the court file and the grounds raised in the appeal.
4. If only one of the parties filed an appeal, it shall take the floor first. If both the prosecutor and the defendant have filed an appeal, the prosecutor shall take the floor first.
5. When examining the case at appeal instance, the provisions on the court procedure at first instance shall apply to the extent possible.
6. The court may order the parties to submit their claims in a summary form, by also specifying the considered sufficient time limit. In the hearing, the parties may not submit grounds beyond those raised in the appeal.

Article 427 Retrial
1. If a party in the act of appeal or in its completion, requests the re-obtaining of the evidence allowed during the court examination at first instance or obtaining of new evidence, the court, if it deems that it cannot decide in the current state of acts, repeats the trial.
2. evidence found after trial at the court of first instance or of those appearing on the spot is subject to the court decision which, as the case may be, orders whether it shall be taken or not.
3. The repetition of the trial is also decided exofficio when the court deems it indispensable.
4. When the defendant has been declared innocent, the court of appeal may not declare him guilty based only on a different evaluation of the evidence obtained at the first instance trial. In this case the court of appeal shall repeat the trial.
5. For the repetition of the trial, decided pursuant to the above paragraphs, the procedure begins immediately, and, when this is not possible, the court examination shall be postponed for a period not longer than ten days.