Key legal question
Whether convicting the appellant for participation in a brawl while other participants were not prosecuted violated equal treatment.
Extracted holding
No. Equal treatment requires contradictory decisions by the same authority, and the legality principle prevails over any claim to equal treatment in illegality.
Extracted reasoning
The prosecutor's discontinuance against the other participants and the assize court's conviction of the appellant stemmed from different authorities. The other participants' files were not before the assize court, and the appellant's own participation in the brawl was established.