From the final judgment of the appellate court ending the proceedings and from the final decision of the appellate court to discontinue the proceedings and apply the protective measure specified in Art. 93a of the Penal Code, a cassation appeal may be filed.
The purpose of cassation proceedings is to eliminate from legal circulation judgments affected by serious defects in the form of absolute grounds for appeal or other violations of the law, but of a flagrant nature and at the same time those that had a significant impact on the content of the judgment.
Therefore, filing an effective cassation appeal is significantly limited for the above-mentioned reasons. Cassation proceedings cannot be used to renew ordinary appeal review. In the course of such proceedings, the correctness of the assessment of individual evidence is not checked, the validity and accuracy of the factual findings made are not verified, and the proportionality of the imposed penalty is not examined (II KK 397/23).