The article sets out two components of the case of cassation on the application of the punishment within other limits than those provided by law: the scope of incidence the case of cassation in question and the solutions that may be given subsequent to the admissibility of the means of the appeal in cassation and the cassation of the challenged judgment, in this case.
In the scope of incidence of the case of cassation on the application of punishments within other limits than those provided by the law several assumptions of violation of the principle of legality of the criminal law sanctions are included. First, the appeal in cassation is suitable to remedy illegalities which relate to the very nature of the sanction applied: punishment or educational measure. Secondly, an appeal in cassation may be filed to remedy illegalities related to punishments, regardless of their nature: main, complementary or accessory. Thirdly, within the category of main punishments, by way of appeal in cassation illegalities concerning the placement of punishment outside the special limits can be remedied, in the absence of a individualization cause. Under a first aspect, there may be invoked illegalities concerning the placement of punishment below the special minimum limit, in the absence of a mitigating cause. Under a second aspect, there may be invoked illegalities concerning the placement of the punishment over the special maximum limit, in the absence of an aggravation cause. Also within the category of the main punishments, by way of appeal in cassation there may be remedied illegalities resulting from the misapplication of the criminal treatment of the various causes of individualization.
