Up-206/04

In the summary criminal proceedings, the appellate court did not enable the complainant to be informed of the written motion of the higher state prosecutor and to state his position thereon prior to the appellate court panel deciding, and therefore the appellate court decision is based on proceedings in which the complainant’s right determined in Article 22 of the Constitution was violated. The aforementioned violation was not corrected by the Supreme Court, and in deciding on the request for the protection of legality it adopted a standpoint which is inconsistent with Article 22 of the Constitution, as it was of the opinion that the established violation of the court of second instance did not influence the legality of the final judgment.