Questão jurídica principal
Whether the complaint had to address the withdrawn charge of disobedience to official orders
Decisão extraída
No. The disobedience charge had been withdrawn before the first instance and was no longer part of the appeal proceedings.
Fundamentação extraída
Because the prosecution withdrew that request in first-instance argument and pursued only the TSG offence on appeal, the lower court had no reason to rule on Art. 292 StGB.