In all matters, where the interests of public policy or the proper administration of justice so require, the Cour de cassation may order that the annulment it pronounces shall have effect in respect of parties to the proceedings who have not lodged an appeal.
A convicted person who has not lodged an appeal and in whose favour the annulment of the conviction has been extended pursuant to the provisions of the first paragraph may not be sentenced to a penalty greater than that imposed by the court whose decision has been annulled.