I read the "dispositivo slightly differently...
Here is the text of the dispositivo (brief summary of CSC judgement), as posted by MichaelB earlier on ISF:
Quote:
PURSUANT TO C.P.P. ARTICLE 620 LETTER A); ANNULS THE RULING UNDER APPEAL WITH RESPECT TO THE CRIME UNDER CHARGE B) OF THE RUBRIC BECAUSE THE CRIME IS EXTINCT BY PRESCRIPTION;
PURSUANT TO C.P.P. ARTICLES 620 LETTER L) AND 530, PARAGRAPH II; EXCLUDING THE AGGRAVATING CIRCUMSTANCE UNDER C.P. ARTICLE 61 N.2 IN RELATION TO THE CRIME OF CALUMNY,
ANNULS THE RULING UNDER APPEAL WITHOUT REMAND WITH RESPECT TO THE CRIMES UNDER CHARGES A), D), AND E) OF THE RUBRIC BECAUSE THE PETITIONERS DID NOT COMMIT THE ACT;
RECALCULATES THE SENTENCE IMPOSED UPON PETITIONER AMANDA MARIE KNOX FOR THE CRIME OF CALUMNY AS THREE YEARS OF CONFINEMENT.
The authority for the CSC ruling in the brief summary of judgment consists of CPP Article 620, Annulment without referral.
The importance of the specific sub-paragraphs (all under paragraph 1); Annulment because:
A: The prosecution should not have been started or continued
This suggests that the CSC Marasca panel will acknowledge in their Motivation Report that the prosecution of Amanda Knox and Raffaele Sollecito was wrongful.
L: In any other case in which the CSC believes the referral (to a lower court) is superfluous.
This suggests that the CSC Marasca panel will acknowledge in their MR that any referral to a lower court would be superfluous and the CSC considers that it should proceed to a final determination of sentence or other necessary decisions.
It is the use of CPP Article 620 1a that most strongly suggests that the CSC Marasca panel considers Amanda Knox and Raffaele Sollecito totally factually innocent of the murder and rape of Meredith Kercher. And, of course, the text says clearly that "the petitioners did not commit the act". We are all awaiting the Motivation Report to understand how much the judgment relies on an analysis of the procedural errors in this case compared to the total lack of reliable evidence against the defendants.
ETA: Kauffer, thanks for your help on this and all your valuable posts.
I think I read this a little bit differently. I think the ISC is referring to each of the charges separately, and applying different codes to the different charges.
I tried to make this more clear by adding in a line spacing to separate the way I see the court as handling the issues, one at a time.
The first issue the court addresses is charge B (which IIRC is transporting a knife). The ISC is applying 620 (a) the prosecution should not continue - due to statute of limitations.
The second issue the court address is the charge of aggravated calunnia - applying 620 (L) and 530 (paragraph II), under C.P. 61 N 2 for crime of calunnia. Here, I can't tell if this could be interpreted as "insufficient evidence" as regards the charge of aggravated calunnia
only.
The third issue the court addresses are the main charges A (murder), D (Staged break-in), and F (theft) (IIRC), and annuls the conviction of Nencini due to the finding that
"the Petitioners did not commit the act". This is an unambiguous statement that Knox and Sollecito are factually innocent of these charges. This is clearly not a finding of 'insufficient evidence' of these charges, the court concluded they didn't do it - end of story.
(There is no statement in this regard as to whether the break-in was staged, simply that Amanda and Raf did not commit an act of staging a break-in or deflecting an investigation. IIRC, Hellman acquitted on this charge on the basis that the crime did not exist (because the break-in was real), and that may have been a contributing factor to the ISC reversal in 2013, but in any event, its doesn't appear clear from this ruling whether the ISC will take a factual position on whether the break-in was staged, or simply assert that the defendants committed no such act, and the conjecture that the break-in was staged is only an unproven theory, neither definitively correct or incorrect in the view of this ISC panel).
The fourth issue is the recalculation of Amanda's sentence for Calunnia conviction to 3 years, adjusted down from Nencini's verdict of 4 years. The only issue the court appears to have definitively addressed in this regard, is to reject Nencini's finding of aggravation, and therefore eliminating the enhancement of sentence as a result. This does not appear to be a statement regarding the validity of the the original calunnia conviction, since technically that finding was not before this cassation panel. That previous conviction has been finalized, and is now in the formal province of the ECHR - not withstanding my own hope that ISC will reach back and erase that illegal result.
The only question I have, is the use of a comma, instead of a semi-colon after the word calunnia, just before the court addresses the three main charges left (A, D, and F). The statement only reads correctly with a semi-colon, IUAM. Otherwise, I may be completely wrong about everything.
Anyway, that's how I read the short document, and what it foretells in regard to the coming ISC motivation report.