Appeal dismissed; court upheld first-instance sentence and ordered subsidiary prosecutor to pay defense costs.
Legislator summary
AI generatedThe Court of Appeal dismissed the appeal filed by the subsidiary prosecutor against the first-instance judgment. The prosecutor argued procedural errors under articles 438(2) and 438(3) of the Code of Criminal Procedure, claiming they could affect the verdict's content. The court found these objections baseless, as the first-instance court correctly applied the law and facts, leading to the maintenance of the original sentence. Consequently, the court ordered the prosecutor to reimburse the defendant's defense costs and bear the appeal proceedings expenses.
Legislator headnote
AI generatedArt. 438(2), Art. 438(3) k.p.k.; The court of appeal must dismiss an appeal if the first-instance judgment is free from procedural errors and factual mistakes that could influence the verdict's content.