CONSIDERAŢII ÎN LEGÃTURÃ CU EFECTUL EXTENSIV AL APELULUI ÎN SITUAŢIA ÎN CARE CALEA DE ATAC ESTE PROMOVATÃ DE PARTEA CIVILÃ PRIVIND LATURA PENALÃ A CAUZEI

Where other civil parties call for broadening the effect of declared appeal on the criminal side of the case and on other civil parties, and as far as conditions applying the extensive effect of the appeal are fulfilled, the judicial review court is bound to give effect to the provisions of Art. 373 in the C. Cr. Pr., obviously complying with the principle of non reformatio in pejus. The author argues that a contrary approach would be vulnerable and devoid of legal grounds, intended to set off the extensive effect of appeal from its purposes, which basically leads to the functional requirement of a court of appeal, consisting in examination of the case by extension, to be circumscribed to appeal statements. Thus, argues the author, it would add unacceptably to the law by way of interpretation, contrary to the principle of ubi lex non distinguit nec nos distinguere debemus.