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    Case No. 404/1351/17 dated 18/02/2025

    The case concerns the accusation of a driving school instructor for committing a crime related to undue benefit.

    Main arguments of the court:
    1. The court recognized that evidence in the case was collected with procedural violations, particularly during the crime scene examination and suspect’s medical examination.
    2. The court indicated that there are no grounds to consider the instructor’s actions as “extortion”, since the students themselves were interested in bypassing the legal exam procedure.
    3. The video recording provided by the victim was deemed inadmissible evidence due to its purposeful, rather than accidental, nature of creation.

    The court decided to cancel the previous ruling of the appellate court and assign a new trial with a more thorough verification of all circumstances.

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