Favor defensionis principa piemērošanas problemātika Latvijas kriminālprocesā

The character of criminal procedure competition differs significantly from other legal processes due to the lack of formal equality between the prosecution and defence. To balance this inequality, procedural advantages for the defence, such as the principle of reformatio in peius, are established. This principle limits higher courts from worsening the defendant’s situation after a lower court’s decision, ensuring fair trial rights. However, recent legal amendments raise concerns about potential inequalities favouring the prosecution, complicating the balance intended by the principle.