Questão jurídica principal
Whether the appellate court could review and reduce the first-instance compensation for court-appointed counsel although that amount was not attacked on appeal.
Decisão extraída
No. The fee amount was not among the challenged parts of the first-instance judgment, and the conditions for ex officio review under Art. 404(2) CPP were not met.
Fundamentação extraída
Under Arts. 399 and 404 CPP, appellate review is limited to the challenged points. Ex officio review must be used restrictively and only after prior notice to the parties. Here, the appellant challenged guilt, sanctions, and costs in principle, but not the amount of the counsel fee fixed in a separate dispositive point; the prosecution filed no appeal or cross-appeal. The cantonal court therefore exceeded its powers by freely revising the amount.