download

and whether he attended the trial, the date of the trial and whether it was public, the firstnames and surnames of the prosecutor, the defence counsel, legal representatives andproxies present at the trial and the date the judgement pronounced was made public.(3) The ordering part of the judgement shall contain the personal data of the defendant(Article 89 paragraph 1) and a decision pronouncing the defendant guilty of committingthe criminal offence with which he is charged, or acquitting him of the charges inconnection with that offence, or denying the charges.(4) If the defendant is convicted, the ordering part of the judgement is required to includethe data specified in Article 356 of this Code, and if the defendant is acquitted of thecharges or the charges are denied, the ordering part of the judgement is required toinclude a description of the offence of which he was accused and a decision on the costsof the criminal proceedings and indemnification claim, if any.(5) In the case of concurrent criminal offences, the court shall specify in the ordering partof the judgement the penalties determined for each individual criminal offence, and thenthe penalty pronounced for all the offences in concurrence.(6) In the reasons for the judgement the court shall expound the reasons for every countof the judgement.(7) The court shall unambiguously and fully explain which facts and for which reasons itconsiders proven or unproven, declaring itself in particular in connection with theassessment of the credibility of contradictory evidence, for which reasons it did notaccept certain motions of the parties, for which reasons it decided not to questiondirectly a witness or expert witness whose testimony, or written findings and opinion,were read out without the consent of the parties (Article 337 paragraph 2), whichreasons guided it in resolving legal questions, in particular in determining whether acriminal offence committed by the defendant existed and in the application of certainprovisions of the law on the defendant and his offence.(8) If the defendant was sentenced to a penalty, the statement of reasons shall indicatethe circumstances the court took into account in admeasuring the penalty. The courtshall in particular explain the reasons for its decision to impose a more severe penaltythan the prescribed one, or for the decision to mitigate the penalty of relieve thedefendant of a penalty, or to impose a conditional sentence, security measure orconfiscation of proceeds from crime, or to revoke a conditional release.(9) If the defendant is acquitted, the statement of reasons shall particularly indicate thegrounds referred to in Article 379 of this Code for reaching such a decision.(10) In the statement of reasons or a judgment denying the charges and in the statementof reasons for a ruling dismissing the charges, the court shall not discuss the merits ofthe case but shall limit itself only to the reasons for denying or dismissing the charges.Article 362(1) The president of the chamber shall upon a request of the parties or ex officio issue aspecial ruling correcting mistakes in names and numbers, as well as other obvious