Court partially allows appeal, acquitting defendant of one charge while reducing compensation and costs.
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment, acquitting the defendant of the charge under Article 284 § 1 of the Criminal Code while upholding the conviction for Article 278 § 1. The defense argued for a change in legal qualification, whereas the prosecution contested the acquittal and sought to maintain the original penalty structure. The court ruled that the evidence supported only one specific charge, necessitating the reduction of the combined sentence and the adjustment of civil compensation and procedural costs accordingly.
Legislator headnote
AI generatedArt. 284 § 1 k.k.; Art. 278 § 1 k.k.; Art. 438 § 2 k.p.k.; Art. 46 § 1 k.k.; Art. 627 k.p.k.; Art. 634 k.p.k.: When an appellate court finds that the legal qualification of an act is incorrect, it must acquit the defendant of the improperly charged offense and may modify the civil liability and procedural costs based on the corrected legal assessment.