Appeal court quashes first-instance verdict for violating the prohibition of aggravation in retrial proceedings.
Legislator summary
AI generatedThe appeal court quashed the first-instance judgment against defendants S. H. and D. B. due to a procedural violation of the prohibition against aggravation. The lower court had previously acquitted the defendants of the specific acts charged, but the retrial imposed a heavier penalty and expanded the factual findings to include new conduct. The court ruled that this constituted a 'grossly unfair' decision under the relevant statute, necessitating the case's return to the lower court for a new trial.
Legislator headnote
AI generatedArt. 109 § 2 k.p.s.w. w zw. z art. 443 k.p.k.; The prohibition of aggravation (reformationis in peius) in misdemeanor proceedings prevents a retrial court from issuing a heavier sentence or less favorable legal characterization than the previous judgment, rendering such a verdict grossly unfair.