Prohibition of Reformatio in Peius Case

In criminal proceedings, if the defendant personally files an appeal or someone seeks a lighter sentence on their behalf, and the prosecutor has not correspondingly filed an appeal, the court handling the case may not impose a heavier penalty. The purpose of this principle is to protect the defendant's rights and interests, allowing them to exercise their right to appeal with peace of mind without fearing retaliation or increased punishment. This ensures a fairer trial process and ultimately fosters public confidence in the judicial litigation system.

What is "determining the sentence to be executed"? Why are all prison terms not simply added together?

When a person commits more than one offense, the court sentences each offense individually. However, instead of cumulatively executing every single prison term, the court determines a "prison term to be actually executed"—this is known as "determining the sentence to be executed." According to Article 50 of the Criminal Code, as long as these offenses were committed "before the first judgment became final," they can be evaluated together to determine an overall execution sentence. Article 51 of the Criminal Code governs how this total sentence is determined: in principle, the court exercises discretion based on the specific circumstances, setting the term somewhere between the "sum of the prison terms for all offenses" and the "prison term of the heaviest single offense."

This design prevents defendants from being subjected to cumulative punishment for multiple acts committed within the same period, and ensures that the overall criminal responsibility is proportional to their actual culpability. Otherwise, allowing every prison term to be executed cumulatively would often result in excessive punishment, running counter to the individualized nature of sentencing and the principle of proportionality.