If an act deserves punishment according to the sound sentiment of the people, but is not declared punishable in the law, the prosecution will examine whether the underlying principle of a penal law can be applied to the act and whether justice can be helped to triumph by analogous application of that penal law. (Article 2 of the Penal Code).
Article 267a
If the trial shows that the defendant has committed an act which deserves punishment according to the sound sentiment of the people, but is not declared punishable by the law, the court will examine whether the underlying principle of a penal law applies to the act and whether justice can be helped to triumph by analogous application of that penal law (Article 2 of the Penal Code).
Article 265, paragraph 1, applies accordingly.
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4. Removal of one-sided limitations of the courts deciding on legal appeals. The code of criminal procedure is amended as follows:
(a) Article 331 is amended as follows:
Article 331
Even if the judgment has been contested only by the defendant or his legal representative or by the prosecution in his favor, it can be changed against the interests of the defendant.
(b) Article 358, paragraph 2, is amended as follows: