Criminal appeal dismissed; court quashed first-instance verdict due to material evidence violations under Art. 454 § 1 K.P.K. and remanded case.
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's appeal against the first-instance verdict, quashing the judgment in its entirety and remanding the case for retrial. The lower court had convicted the defendant of drunk driving based on retrospective calculations of alcohol concentration, despite the defendant's argument that the initial blood test was invalid. The appellate court ruled that the material evidence collected violated statutory requirements, making the conviction legally impossible under Article 454 § 1 of the Code of Criminal Procedure.
Legislator headnote
AI generatedArt. 454 § 1 k.p.k.; Art. 438 § 2 k.p.k.: When material evidence gathered in a criminal proceeding violates statutory requirements, the court cannot convict the accused based on such evidence and must quash the verdict, remanding the case for a new trial.