
The purpose of the article is to determine whether the list of relative grounds for appeal contained in Article 438 of the Code of Criminal Procedure is complete or whether there are any other circumstances, not mentioned in that provision, the occurence of which also makes it necessary to amend or repeal the decision of the first-instance authority. In particular, the following circumstances are analysed: (1) finding new facts or evidence unknown at the time of the contested decision, which facts or evidence may affect the course of the proceedings; (2) failure to prepare or incomplete preparation by the court of first instance of a judgment or justification of the judgment, and (3) a change in law subsequent to the contested judgment, likely to affect the course of the proceedings
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