Guarantees of observance of the right of defence of the accused in case of modification of accusation in the court in the sense of non-aggravation. Theoretical-practical aspects

Modification of accusation constitutes a procedural criminal mechanism with the help of and through which the initial accusation incriminated to the accused is changed according to the act of notification of the court instance. In this aspect, mention that
the accusation in the court instance can be changed in two senses: in the sense of mitigation and in the sense of aggravation of the situation of the accused. The purpose and objectives of the study consisted in the examination of the content and mechanism
of the fulfilment of the modification of accusation in the court instance in the sense of the non-aggravation of the situation of the accused. At the same time, the researched institution aims to highlight those circumstances that determine the application of this
procedural institution. The objectives of the research were outlined through the analysis of the limits of the hearing of the criminal
case and the conditions of their extension; study and emphasis of the conditions of modification of the accusation in the sense of the mitigation of the situation of the accused; identification and interpretation of the circumstances that condition the modification
of the accusation in the sense of the non-aggravation of the situation of the accused; formulation of conclusions and recommendations of lege ferenda on the segment of the application and implementation of the provisions of the mechanism provided by the art. 325 par. (2) of the Code of criminal procedure.