Can the Court of Appeal find a new charge to the defendant?

According to the Mehr News Agency, the Judiciary's Legal Department responded to a question about the possibility of changing the title of the accusation in the preliminary court by the Court of Appeal.

The text of the question and its answer in this Bar As follows:

Can the Court of Appeal change the title of the accusation in the lower court and issue a new accusation to the defendant?

Advisory Theory of the General Directorate of Judiciary:

First, the documentary in Articles 1 and 2 of the Code of Criminal Procedure approved by the defendant's need to inform the case and evidence of the allegation and guarantee his defense rights, such as changing the title of charges eligible for legal effects; Therefore, in the assumption that the appeal, the appeal, shall, while appointing the time of the investigation, to conquer the new charges against the defendant and obtain the last defense based on the charges.

Secondly, in accordance with Article 5 of the Code of Criminal Procedure adopted and the criterion of Article 2 of this Act, if the Court of Appeal recognizes the title of the charges by the primitive court incorrectly, it is a reform and confirmation of the verdict, and the verdict is not subject to the criminal behavior and the verdict. However, in accordance with Article 5 of the aforementioned law, the Court of Appeal shall not have the right to exacerbate the sentence except in cases subject to this Article and the limits of the aforementioned.