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.
(c) Article 373, paragraph 2, is amended as follows:
Even if resumption of the proceedings has been applied for only by the defendant or his legal representative or by the prosecution in his favor, the sentence can be changed against the interest of the defendant.
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Section II
Exemption of the Reich Supreme Court from being bound by precedents.
The Reich Supreme Court as the highest German tribunal must consider it its duty to effect an interpretation of the law which takes into account the change of ideology and of legal concepts which the new state has brought about. In order to enable it to accomplish this task without having to show consideration for the jurisdiction of the past brought about by other ideologies and other legal concepts, it is ruled as follows:
When a decision is made on a legal question, the Reich Supreme Court can deviate from a decision laid down before this law came into force.
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Section IV