Institution of gross injustice is regulated in the article 440 of the Code of Criminal Procedure. According to the invoked provision „if upholding a judgment would be gross injustice, it subjects regardlless of appeal borders and raised allegations of change the favor of the accused or in a situation describe in the article 437 § 2 second sentence repeal”. This issue is the object of interest doctrine and judicature. It is connected with the absence of legal definitione of gross injustice and the fact that legislator does not indicate legal criteria.