Ribaltamento della sentenza in appello: occorre rinnovare la prova anche per la riforma di una condanna?

Abstract

The paper aims to reiterate, that even for the reversal on appeal of the conviction, the principle regarding the acquittal's reform "in peius", as now accepted by case law, especially following the decision "Dan c. Moldova" of the European Court, is the principle in base of which the court of appeal, in the case of a total reform of the judgment, except in special cases, can't proceed to a different assessment of the declarative evidence assumed at first instance without renewing the examination.