Court changes compensation basis to Art. 46 § 2 CC and remands acquittal on Art. 190 § 1 CC.
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment regarding the legal basis for compensation and the acquittal on specific charges. The prosecution and civil party appealed the first court's decision, arguing for a change in the legal qualification of the compensatory measures and the validity of the acquittal on the charge under Article 190 § 1 of the Criminal Code. The court agreed to modify the legal basis for compensation to Article 46 § 2 of the Criminal Code but remanded the case for a new decision on the acquittal regarding the charge under Article 190 § 1.
Legislator headnote
AI generatedArt. 46 § 2 k.k.; Art. 190 § 1 k.k.; The court may change the legal basis for compensation measures if the original qualification is incorrect, but must remand the case for a new decision on acquittal if the factual findings regarding the specific charge are contested and require re-evaluation.