acbytesla
Penultimate Amazing
- Joined
- Dec 14, 2012
- Messages
- 41,003
Look, I happen to look up this discussion and I found myself quoted in last post.
Yes, indeed AK/RS were represented throughpout the whole Guede trial, including the right to cross-examine witnesses. In fact they did so.
(obviously, they don't have a right to cross-examine Guede himself without his consent, since Guede was a defendant, and thus had a right to refuse to answer any question, and to lie).
Hellman said the following Mach.
The General Prosecutor and attorneys for the civil parties have argued that, in denying Rudy Guede’s appeal, the Corte di Cassazione put down “unmovable poles” [paletti insuperabili] for this Corte di Assise with regard to the reconstruction of the crime and the evaluation of the evidence; and, although they modified the scope of [ridimensionato] this argument at the end of the discussion by claiming this ruling as only one element to be assessed, they nevertheless emphasized the particular relevance of this element.
It is only too obvious that the ruling in question is not absolutely binding [on us]; that would be contrary not only to the norms of positive law governing the force [efficacia] of criminal verdicts in other cases (C.P.P. Article 654), but also to all the basic constitutionally-guaranteed institutional principles (Constitution, Article 111), since the current defendants would be made to suffer the effects of a ruling issued in a case in which they were not involved.
What say you?