Subject of Dispute: Appeal of the Appellate Court Judgment Regarding the Conviction of PERSON_7 for Drug Trafficking.
Main Arguments of the Court:
1. The Appellate Court violated the principle of direct examination of evidence by referring to evidence that was not directly examined by it.
2. The Appellate Court unjustifiably recognized the powers of the investigator PERSON_9, as an extract from the Unified Register of Pre-trial Investigations cannot replace a procedural decision on the appointment of an investigator.
3. The Appellate Court did not verify or evaluate the defense arguments regarding possible crime provocation and inadmissibility of evidence.
Court Decision: Quash the Appellate Court judgment and assign a new hearing in the Appellate Court with the selection of a preventive measure in the form of detention.
Note: The Court deviated from previous practice regarding the assessment of investigator’s powers and evidence examination in appellate proceedings.
