Exceeding the Scope of the Cassation Appeal in the Absence of a Appeal

According to the first part of Article 9 of the Criminal Procedure Code of Georgia, upon the initiation of criminal prosecution, the criminal legal process is carried out on the basis of equality and adversarial between the parties, also in accordance with the previous part of the second article, the party has the right to file a petition, obtain, demand through the court, present and examine all the relevant evidence in accordance with the procedure established by this Code. The mentioned principle is also realized in the consideration of the criminal case in the Supreme Court, in particular, the scope of consideration of the cassation appeal based on article 301 of the Code of Criminal Procedure depends on the extent to which the party appeals the judgment and to which extent it requests cancellation or change. According to article 206, part 4 of the Code of Criminal Procedure the cassation appeal shall be reviewed within the scope of the appeal and the response. Despite this list of norms, in accordance with the research carried out in the article, it is presented and examined, based on what the court explains that it is authorized to go beyond the scope of the cassation appeal and counterclaim and make a decision based on the evidence presented in the case, regardless of whether the appeal is presented or whether the party requests the annulment of the judgment of the second instance or change.