A cassation appeal may be filed only due to the shortcomings listed in Art. 439 or another gross violation of the law, if it could have a significant impact on the content of the judgment. A cassation appeal cannot be filed solely because of the disproportion of the penalty.
The effectiveness of a cassation plea pointing to deficiencies in the completion and assessment of the collected evidence by the court of first instance and the groundless acceptance of such a state of affairs is possible. In practice, it is limited to cases in which the content of the judgment proves that the rules set out in Art. 433 § 2 in connection with joke. 7 and art. 410 of the Code of Criminal Procedure to an unambiguous, obvious and indisputable extent, and the court's ad quem acceptance of defective results of evidentiary proceedings cannot be reconciled with the principle of reliable and comprehensive appellate review (IV KK 129/23).