The subject of the dispute concerns the correctness of calculating the term for appealing a judgment rendered in simplified proceedings. The court was guided by the conclusion of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated 22.01.2024, which states that if a judgment is issued without summoning a person in accordance with Article 382 of the Criminal Procedure Code, the term for appealing should be calculated from the day of actual receipt of the judgment copy, regardless of other sources of information. The Court of Appeal did not properly establish the date of the prosecutor’s receipt of the judgment copy, ignoring the statement about its receipt on 14.12.2023, and erroneously referred to the sending of judgment copies and its publication in the register as grounds for refusing to restore the term.
The Supreme Court cancelled the Court of Appeal’s ruling on returning the prosecutor’s appeal and assigned a new review in the appellate court.
