Court partially allowed appeal, acquitting defendant on one charge and reducing sentence for another.
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment, acquitting the defendant of one specific charge while reducing the sentence for another. The defense argued that the original conviction was legally flawed and factually incorrect, citing errors in the qualification of the act and factual findings. The court agreed with these arguments, finding the legal characterization erroneous and the factual basis insufficient for the original conviction, yet determined the remaining charge warranted a lighter penalty.
Legislator headnote
AI generatedArt. 278 § 5 kk; Art. 438 pkt 1, 3, 4 k.p.k.: The court may acquit a defendant if the act does not constitute the charged offense or if the facts do not support the conviction, and may reduce the sentence if the imposed penalty is disproportionately severe compared to the circumstances.