Processo penale: Come ribaltare una sentenza di condanna

How to overturn a conviction? How can you find the right key, the right way to leave the darkness of an unjust conviction behind? Well, there are no mathematical formulas, magic potions, or miracle recipes to do this, but there are strategies that can help you scale the walls of hell and open a path to the light. In this video, I want to tell you how I overturned a conviction on appeal and saved an innocent man accused of a horrendous crime. But let's get to the point: "How to overturn a conviction?" You should know that you will need to file an appeal in which your defense attorney will have to criticize point by point the reasoning of the judge who convicted you. Easy to say, hard to do. Why? Because there are three "risk factors." Structural problem. Judges are understaffed. That is, they are fewer in number than the workload. This means their decisions cannot always be thorough, careful, or fair. Cultural problem. Judges and prosecutors are in the same "order" or "category," and some judges consider the prosecution's view to be "closer" than that of the defense. Defense defense problem. I speak against my own profession. Sometimes appeal documents are specious, unfounded, and botched, and many judges, rightly, turn up their noses. All these "risk factors," if not addressed and resolved, could lead to a second error and therefore a second conviction. SO WHAT TO DO? Simple: Build a defense that gets to the point immediately, that doesn't have an inferiority complex toward the prosecution, and that presents an argument to the trial that hits the weak point of the grounds for conviction. You must know that every motivation, like every person, every thing created by nature or man, has a "weak point." That's where you have to attack. As I mentioned, I want to tell you about a legal case of mine. My client was accused of sexually molesting his 9-year-old niece, based on an accusation—note—not by the child, but by a distant relative. On the basis of this accusation, the defendant was sentenced to 6 years and 6 months in prison. The effects are dramatic: He loses his job, loses his family, loses his dignity. I focus the judges' attention on one circumstance: the girl was influenced. Yes, because the girl, questioned by the police and a psychologist, stated that she had never been molested by her uncle. The version of events, however, changed TWO YEARS LATER when the same girl, in front of a judge and a psychologist, told a confused story that she had been "touched." We demonstrate on appeal that the child was subjected to "pressure" from family members who, in the wake of a family feud, wanted my client's head. The Milan Court of Appeal, Criminal Section III, upheld the defense's complaints and acquitted my client. Listen to what the second-instance judges wrote: "The first disclosures of the minor victim of a sexual crime are of the utmost importance as they are still immune from possible, even involuntary, influences." The Court is telling us that the first statements of a "minor witness" must be taken into consideration because THOSE are trustworthy. As you can see, I have highlighted the weakness of the first-instance ruling, which has become the strength of my defense. Well, if you enjoyed this video, please "like" it and subscribe to the channel and you will always be updated on the release of my videos. If you want to leave a comment, please do so and I will respond. If you'd like to discuss your legal case, call me or email 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