PART 10. PROCEEDINGS IN APPELLATE COURT

CHAPTER 47. CONSIDERATION OF THE CASE IN THE APPELLATE COURT

Article 395. Grounds for turning down or changing the verdict or decision of the first instance court

the conclusions made in the verdict on the factual circumstances do not correspond to evidences examined in the appellate court;

PART 10. PROCEEDINGS IN APPELLATE COURT

CHAPTER 47. CONSIDERATION OF THE CASE IN THE APPELLATE COURT

Article 396. Discrepancies between the conclusions made in the verdict or decision on the factual circumstances of the case and evidences examined in the appellate court

Having revealed that the conclusions in the verdict or decision of the first instance court on factual circumstances do not correspond to the evidences examined in the appellate court, the appellate court, completely or partially, turns down the verdict and adopts a new verdict in accordance with the results of the trial.
The appellate court, having assessed the examined evidences during its trial, is entitled to regard as proved those facts which have not been confirmed or have not been taken into account in the verdict of the first instance court.

Article 28. Mistake (Error) in Factual Circumstances

1. If the person intentionally committing a criminal offence thinks that there is an aggravating circumstance established by law in his/her act, however that circumstance is absent, the act shall be qualified as an attempt of a crime with an aggravating circumstance. If the person intentionally committing the criminal offence thinks that an aggravating circumstance established by the law is absent in his/her act, however such circumstance is present, the act shall be qualified as a crime without an aggravating circumstance.

6. If in addition to the consequences involved in the person’s intention, other consequences also occur, the person shall be subject to criminal liability for those consequences only in cases, when there is negligence involved to respect to them.

7. If the person does not realize the factual circumstances of his/her act, however could have realized those, the person shall be subject to criminal liability for committing the criminal offence negligently, if so provided by this Code.