PART 10. PROCEEDINGS IN APPELLATE COURT
CHAPTER 47. CONSIDERATION OF THE CASE IN THE APPELLATE COURT
Article 397. Incorrect application of criminal law
Incorrect application of criminal law means the application of the article of the RoA Penal Code or part of the article which was not liable to be applied, the failure to apply the article or part of an article which was applicable, incorrect interpretation of law which contradicts with its true sense.
Having found as a result of the case, that the action has not been correctly qualified in legal terms, the appellate court is entitled to replace the qualification of the crime with the article of the Penal Code which envisages responsibility for a less severe crime.
As a result of consideration of the case, the appellate court is entitled, within the brought charges, to apply a law for more severe crime or appoint a more strict punishment only when the prosecutor made an appeal on that basis, as well as the injured or his representative.
Mistake of law - national proceedings
EDIT.