1The court of appeal reviews the case within the grounds presented in the appeal. For the questions of law to be reviewed ex officio, and for the grounds presented in the appeal which are not based on personal motivation, the court of appeal shall review also the part related to co-defendants who have not filed an appeal.

2If the prosecutor or the accusing victim file an appeal, the Court of Appeal:

amay give the fact a more severe legal qualification, change the type or raise the punishment sentence, change the precautionary measures and impose any other measure provided for or allowed by the law;

bmay convict a person who has been acquitted, acquit him under a ground different from what has been admitted in the appealable decision, impose the measures indicated in the letter “a”;

cmay apply, change or exclude supplementary or alternative sentences.

çgive the fact a more severe legal qualification than the one requested by the prosecutor, if the case falls within its subject matter competence. In this case, the court shall reopen judicial examination and apply the provisions of paragraph 2, of article 375, of this Code.

3If only the defendant appeals, the court may not impose a more severe sentence, a more severe precautionary measure, acquittal on less favourable grounds than that of the appealed decision, nor give the fact a more severe legal qualification.