Criminal appeal dismissed; District Court remanded case to lower court due to prohibition on second-instance conviction.

The District Court in Siedlce dismissed the prosecutor's appeal against the first-instance verdict and remanded the case to the District Court in Garwolin for retrial. The prosecutor argued that the lower court erred in legal qualification and procedural handling, but the appellate court found no merit in these claims. Consequently, the court held that because the evidence indicated the defendant's guilt, the second-instance court was legally barred from issuing a conviction under Article 454 § 1 of the Code of Criminal Procedure.