Identity of the act
Matyáš Moska·
Supreme Court resolution 8 Tdo 771/2020: the identity of the act is preserved if the identity of either the conduct or the consequence is maintained. The court is not bound by the wording or legal qualification in the indictment.
Supreme Court resolution 8 Tdo 771/2020 (14 October 2020): The identity of the act in criminal proceedings is preserved if at least the identity of either the conduct or the consequence is maintained. The court is bound by the charge only as to which act it adjudicates; it is not bound by the wording or legal qualification in the indictment.
Changes in circumstances that only individualize the act (time, place, manner of commission, form of intent, extent of consequence or motive) do not affect identity. Therefore, the identity of the act remains even if the defendant's conduct changes in details, as long as the essential conduct or consequence remains the same.