After examining the case, the Supreme Court dismisses the cassation appeal or repeals the contested decision in whole or in part. It is permissible to annul the judgment in the part including the failure to decide on a punitive measure (I KK 261/23). The annulment by the appellate court (of cassation or renewal) of the main judgment constituting the basis for the decision on the conviction (i.e. in the scope of finding the accused guilty of committing a specific act) also means that the decisions ancillary to this main part of the judgment lose their legal existence and are therefore also automatically, without the need to conclude additional decisions repealing them, repealed.
This applies not only to the judgment on the total penalty, which loses its ex lege effect, but also to decisions regarding penalties, penal measures, probation measures, and those relating to the costs of the proceedings contained in the annulled judgment. This does not include only decisions that are independent and are not accessory to the main decision - e.g. a decision awarding remuneration to a defender or representative appointed ex officio (I KK 214/22).