Court partially allowed appeal by correcting traffic violation charge citation from wrong to correct regulation section.
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment regarding a traffic violation, correcting a citation error in the legal basis. The defense argued that unresolved evidentiary doubts should have favored the defendant under Article 5 § 2 of the Code of Criminal Procedure, but the court rejected this, stating that the evidence was sufficient for factual findings. Consequently, the court modified the verdict to cite the correct regulation section while upholding the conviction and the fine.
Legislator headnote
AI generatedArt. 5 § 2 k.p.k.; Art. 7 k.p.k.; The rule of interpreting doubts in favor of the accused applies only when evidentiary gaps remain after exhaustive investigation, not when the evidence merely supports conflicting versions of events which the court must resolve using free evaluation of evidence.