Question juridique clé
Whether Art. 344 CPP allows an appellate court to change the legal qualification from assault to riot.
Solution extraite
Yes. Under Arts. 379 and 405 CPP, Art. 344 CPP applies by analogy in appeal proceedings; the appellate court may alter the legal characterization if it informs the parties and the factual basis remains unchanged.
Motifs extraits
The facts in the indictment supported riot as a subsidiary offense. The accused had been notified in advance and had already argued riot on the same factual basis, so his right to be heard was respected.