GENERAL PROVISIONS
Article 7 Ne bis in idem
1. No one can be judged more than once for a criminal fact for which he has been judged by a final decision of the court, except in the cases when the competent court has decided the revision of the case.

CHAPTER IV THE DEFENDANT
Article 34 Obtaining the defendant status
3. The defendant status is re-obtained if the dismissal decision is quashed or the court decides the annulment of the final decision and the review of the proceedings.

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.

TITLE IX EXECUTION OF DECISIONS
CHAPTER II HEARINGS BY THE COURT OF CASES RELATED TO THE EXECUTION OF DECISIONS
Article 479 Revocation of the decision because of abrogation of the criminal offence
1. In case of abrogation or declaration of unconstitutionality of the criminal provision, the court revokes the conviction decision, declaring that the fact is not provided as a criminal offence. It is proceeded in The same way, when a non-initiation or acquittal decision has been issued by reason of the extinction of the criminal offence.
2. The request shall be immediately examined and in any case not later than 24 hours from the moment of filing of the request by the court where it is submitted, even if the latter has no territorial jurisdiction.