Il ricorso in Cassazione

If you'd like to present your legal case, contact me here. http://www.avvocatofrancescodandria.it/ What is an appeal to the Supreme Court? And what is the outcome of a criminal case before the Supreme Court? After two levels of proceedings, the last resort in a criminal case is the Supreme Court. That is, going to Rome, where the Supreme Court resides, and asserting one's case there. But be careful: proceedings before the Supreme Court are not a third level of proceedings, in the sense that the proceedings will not focus on the FACT but on compliance with the law and also on reviewing the logical reasoning of the trial judge. You should be aware that there are certain mandatory conditions for appealing to the Supreme Court. One of these is, precisely, illogical reasoning. That is, when the first or second instance judge has provided deficient or illogical reasoning that does not properly argue the case in question. The most glaring case is the misrepresentation of procedural documents, that is, when the Tribunal or Court of Appeal has incorrectly interpreted procedural documents, attributing them an improper meaning; or when it decides to convict the defendant based on evidence not present in the procedural documents. I know the reasoning seems complex, but don't worry, because I'll explain this HAIRY concept to you with an example borrowed from my own judicial experience. Gang rape trial. A young woman goes camping with a cheerful group of friends. She drinks a lot of alcohol. She feels ill and passes out. She spends the night in a tent with two male friends. Total blackout. Fade-out. The next morning, she wakes up and realizes her underwear is down. To her great surprise, the girl noticed bloodstains on her panties. She believed she had been raped. The gang rape trial began—in which I represented one of the defendants. The first-instance panel agreed with the defense that there was no evidence of defloration of the alleged victim, as the defense's gynecological expertise had demonstrated that the blood stains found on the girl's panties were not the result of a hymenal lesion but rather of a vaginal infection. But there's more. The gynecologist who had examined the girl immediately after the alleged crime also found no scratches or abrasions. Does everyone agree? Absolutely not. In the second instance, the Court of Appeal reversed this evidentiary argument, holding, through conjectural reasoning, that the blood loss was the result of possible digital penetration, given that, during the alleged assault, rubbing the nail would likely have caused an internal cut and therefore this action would have caused bleeding. Now, from a technical standpoint, what do we note? We note that the Court of Appeal's ruling is tainted by a logical flaw because it is based on a misinterpretation of the procedural documents, since, within the case file, there is no evidence to suggest that the blood was the result of a cut caused by a nail. In the Defense's opinion, therefore, the Judge draws his conclusion from an element that did not emerge from the preliminary investigation and therefore DISTORTS, DISTORTS, and ALTERS the evidence included in the case file. This, therefore, is grounds for censure that must be vigorously challenged before the Court of Cassation, as it takes A FACT as proven WITHOUT SUPPORTING EVIDENCE. What will the outcome be? If the Court of Cassation does NOT agree with the defense attorney's position, it will reject the appeal; if it upholds it, it can overturn the lower court's ruling, terminating the case there and then or referring the case back to the local court. But that's another story. I*** Well, if you liked this video, please "Like" it and subscribe to the channel. You'll always be updated on my new videos. If you'd like to entrust me with your legal case, call me and I'll be ready to listen and help you because... I'm Francesco D'Andria, and I'm on your side. ============================================================ Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it