Appeal dismissed; court upheld acquittal due to coherent evidence excluding defendant's fault in traffic accident.
Legislator summary
AI generatedThe appellate court dismissed the appeal filed by the victim, maintaining the first-instance acquittal of the defendant for a traffic offense. The defendant argued that the evidence was evaluated arbitrarily, but the court found the factual findings based on witness testimonies and expert opinions to be logical and consistent. Consequently, the court ruled that the lower court's evaluation of evidence was not arbitrary and the acquittal stood.
Legislator headnote
AI generatedArt. 438 pkt 2 k.p.k. w zw. z art. 109 §2 k.p.k.; Art. 7 k.p.k. w zw. z art. 8 k.p.w.; An appeal alleging arbitrary evaluation of evidence is inadmissible when the first-instance court's reasoning is logical, based on coherent witness and expert testimony, and clearly explains why contrary evidence was rejected.