Article 13 of the Penal Code provides for a basic premise of the enactment of a more favorable law for the accused. The legislator has dealt with this hypothesis in its various cases according to the stage in which the criminal proceedings are going, including the case stipulated in the third paragraph, To reduce the penalty for the criminal act only. The third paragraph advanced, several problems, due to the system of recourse to the court that issued the sentence required to be amended, and one of these problems to determine the scope of the Court's authority to review the sentence and extent of
the possibility of appeal.
In fact, the power of the court is limited to the amendment of the sentence imposed by the court ruling, without prejudice to the content of the judiciary, which prevents the judge from taking the review as a means to conduct a new assessment of the facts or the applicable legal rules or evidence on which the judgment is based, Which leads to the amendment of the content of the judiciary issued and the proportion of the accused to the convicted and the rights of the fixed opponents, or replace it with a new judiciary contradicts or differs from it. This determination is based on the fact that the judge has issued his or her judgment that has exhausted his mandate and authority in the matter of the judiciary. He can not review it and amend its content in any way. If the legislator permits him to review his previous judgment, This is an exception to the general rule, which is limited to
what is stated in it and to the extent it is stated.
While the Court's authority is limited to reviewing the judgment only, its discretion nonetheless remains limited to the grounds on which it is based. If the guilty person punishes the sentenced person with the minimum sentence prescribed by the law, the court of review may not exceed that limit on the grounds of the legislator's amendment thereto. On the contrary, it may not modify the sentence imposed on the sentenced person if it has already been issued within the limits The penalty prescribed in the new law. The scope of the review is based on the interests of the accused and may not be wasted for any reason, without affecting the discretion of the court in this regard.
However, if the court uses the discretionary authority to reduce the degree of punishment, the court is obliged to do so. And we see that they are bound by this, as one of the foundations of the ruling on which the court does not have the power to amend or judge the dispute. Consequently, the
reduction of the penalty will continue to affect the review.
Finally, insofar as it is possible to appeal against the ruling of the review, since that ruling is in the hands of the president, it is the previous ruling issued by the court. The ruling may not be revoked by any of the legal remedies. By any means of appeal, and shall be implemented immediately upon its issuance.
