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Can the court of appeals increase the punishment if the accused appeals a judgment?

Dear Experts,

General question: For example, if the court of first instance issues a judgment with a specific punishment, like 3 months in jail, and the accused appeals the decision, can the court of appeals increase the punishment?

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Amiri Advocates & Legal Consultants
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23 May 2024, 15:47

Dear Questioner,

If he appeals alone, the punishment cannot be intensified.

If the public prosecution also appeals, the punishment may be intensified, reduced, or kept the same.

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KHE Legal Consultancy
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24 May 2024, 04:30

Hello dear questioner,

According to what the law stipulates, the appellant is not harmed by his appeal.

Therefore, the Court of Appeal does not increase the ruling, but it has the right to confirm the ruling or reduce it.

For further clarification, please share your WhatsApp number.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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24 May 2024, 05:01

The sentence cannot be increased by the accused's appeal unless the prosecution files an appeal requesting a higher punishment.

Wafa Ali Alhosany Advocates & Legal Consultants
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24 May 2024, 05:49

If the appeal is from the accused only, the Court of Appeal cannot increase the sentence.

To obtain free legal advice that includes all the details, kindly contact us.

Dr. Mohamed Allam

Doctorate in Public Law

Head of the Litigation and Arbitration Department at Wafaa Al Hosani Advocates and Legal Consultations

Certified legal advisor in the Dubai Government Legal Affairs Department

Ahmed Mohammed Bashir Advocates & Legal Consultancy
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24 May 2024, 08:07

Dear Questioner,

No, if the convicted appeals, the court will either issue a not-guilty verdict, reduce the sentence, or keep it as is.

The law does not allow the court to increase the sentence if the appellant is only the convicted.

For more information, please contact us on WhatsApp.

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London Center for Legal Consultancy Office
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28 May 2024, 11:05

Dear Questioner,

The person requesting the appeal is not harmed by his appeal. This is a well-established legal rule.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp at: [--------].

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