The parties are entitled to file a cassation appeal. A party that has not appealed against the decision of the court of first instance may not file a cassation appeal against the decision of the court of appeal if the decision of the court of first instance has been upheld or changed in its favor.
The Prosecutor General and the Ombudsman may file a cassation appeal against any final court decision ending the proceedings. The Ombudsman for Children may file a cassation appeal against any final court decision ending the proceedings if the decision has resulted in a violation of the child's rights. This interpretation of Art. is unacceptable. 520 § 2 of the Code of Criminal Procedure, in the light of which he acquires the right to raise in a cassation appeal the permissible allegation of gross violation of Art. 440 of the Code of Criminal Procedure to the full extent only the accused who has previously appealed against the judgment of the court of first instance, and the accused who has not exercised this right may bring an allegation of this nature only to the extent to which the judgment has been changed to his detriment, despite the fact that in In both of these cases, when necessary, the appellate court is obliged to apply this provision beyond the limits of the appeal, carrying out a broad review of the judgment of the court a quo, exercising this power often in order to look for shortcomings that are not the subject of the appeal, doing so in order - in principle - possible change of the judgment in favor of the accused. Such an interpretation can only be perceived as excessive and unjustified by the role of Art. 440 of the Code of Criminal Procedure procedural formalism (V KK 71/23).