Art. 409 CrimPC from 2023
Art. 409 Quashing the judgment and remitting the case
1 If the proceedings in the first instance were so seriously flawed that they cannot be rectified by the appeal proceedings, the court of appeal shall quash the contested judgment and remit the case to the court of first instance so that it may conduct a new main hearing and issue a new judgment.
2 The court of appeal shall decide which procedural acts must be repeated or carried out.
3 The court of first instance is bound by the interpretation of law made by the court of appeal in the decree remitting the case and by the instruction issued in accordance with paragraph 2.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
