Key legal question
Whether the appellate court had to annul and remit the first-instance judgment under Art. 409 CPP for defects in motivation and amendment of the indictment.
Extracted holding
No remittal was required because any lack of motivation could be cured on appeal and the supplementation of the indictment did not extend or change the accused conduct.
Extracted reasoning
The appellate court had full review in fact and law; a remand would have been a useless formality. The added facts merely specified the consequences of the already charged false language certification and did not broaden the accusation.