There are two (actually three) levels of acquittal in C.P.P. 530. One is a complete exoneration (para 1) and another which is the evidence wasn't sufficient for a BARD conviction which is what M&B used for acquittal.
Since the acquittal is based on paragraph 2 of article 530 of the Italian Code of Criminal Procedure, which provides for a judge to pronounce a verdict of acquittal “when evidence is lacking, insufficient or contradictory”, it was to be expected that it would not have been a clearcut, one-sided proclamation of innocence.
Also, by paying attention to the text of the verdict back in March, it was already clear to me that, since the acquittal for the charge of staging a burglary was due to the defendant not having committed the crime and not to the crime not existing, this new ruling was going to accept the theory of a staged burglary and hence, most probably, of multiple attackers.
It is a ruling with both lights and shadows, but indeed appreciation for it greatly varies if one looks at it only from the point of view of the specific case, or from the point of view of its potential effect on Italian criminal justice in general.
and
Hence it isn’t particularly surprising that Marasca agrees with Guede’s ruling about the presence of multiple attackers and the burglary being staged: ruling otherwise would have caused a major “conflitto in giudicato”, and probably that was also one of the causes of the annulment of the first acquittal.
There is however a difference: while Marasca writes very few words, if any, in upholding the concept of a staged burglary, so much so that one derives it was deemed staged more from the verdict than from the ruling, he expands quite a bit on the reasons for supporting the multiple attackers theory.
Some of those reasons are the usual ones and have been debated for years, and I will not discuss them further now (lack of defensive wounds, just to quote one), but while this could just be a mechanical rehashing of corny arguments, there is also something new that makes me think the judges of the panel, or at least a majority of them, really believed in what they were writing.
The above quotes come from
an article written by an Italian Amanda supporter that has been highly regarded as a legal commentator.
I have read articles from Italy that question the article and Mach posted FB pages with over a thousand likes on posts questioning the verdict.
The fact that I believe they should have been found not guilty doesn't mean I must toe some line.