Whether the prior judgment had to be rectified under Art. 83(1) CPP because it wrongly treated counsel as court-appointed.
Yes. The prior judgment was inconsistent with the file because counsel was privately instructed, so the office-counsel indemnity had to be removed.
Article 83(1) CPP allows rectification of a dispositive part that is unclear, contradictory, incomplete, or inconsistent with the reasons. Since no ex officio mandate existed, the award of an office-counsel indemnity and the related reimbursement clause had to be deleted.