Decision of the Court of Cassation, II Criminal Section, No. 15080 of 15 January 2014

In the event of reformatio in peius of a verdict of acquittal of first instance, the principles established by the European Court of Human Rights in its judgment of 2011 on the case Dan v. Moldova are not infringed, provided that the court of appeal founds its decision not only on a different assessment of the collected evidences, but also on further evidences, which had not been taken into consideration or had been erroneously considered as not usable in the proceeding of first instance.