Should the Plenary Chamber of the Court of Appeal confirm oral judgment Pr, which, pursuant to art. 378.2 Sv. was recorded in the p-v of the prosecution in the first instance and which refers to the p-v's of the police with regard to the content of the means of proof used (pursuant to the regulation recording of the oral judgment), now that the content of the b.m. is missing and counsel has pleaded acquittal on appeal? Art. 359.3, 378.2 and 423.1 Sv. Counsel for the defendant has pleaded acquittal in appeal. Court should therefore have confirmed judgment only with the addition of grounds referred to in Art. 423.1 Sv, consisting of the rendering of contents of b.m. referred to in first sentence of Art. 359.3 Sv (cf. HR:2016:2026).
Follows (partial) annulment and reversal (except for compensation measures imposed).
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