Court acquits defendant on two charges but upholds the remaining conviction and sentence.
Legislator summary
AI generatedThe appellate court acquitted the defendant, M. T., of the charges specified in points V and VIII of the indictment while maintaining the conviction and sentence for the remaining offenses. The defense argued procedural errors and factual inaccuracies under Articles 438(2), (3), and (4) of the Code of Criminal Procedure, which the court found insufficient to overturn the first-instance judgment. Consequently, the appeal was granted only in part, resulting in a partial acquittal and the retention of the original penalty.
Legislator headnote
AI generatedArt. 438 ust. 2-4 k.p.k.; The court may partially grant an appeal when specific procedural errors or factual mistakes are proven, acquitting the defendant of those specific charges while upholding the conviction for the remaining offenses.