Some PGP, including IIUC Vixen, maintain that the Marasca CSC panel judgment in the Knox - Sollecito case of annulment without referral was highly unusual and perhaps even contrary to law.
Since the CSC publishes outcome statistics in a report available online, it would be of interest to see the details of annulments with referral compared to annulments without referral for the two years in which a CSC panel reviewed a judgment of a Court of Appeal that had tried Knox and Sollecito.
In 2013, the Chieffi CSC panel reviewed the Hellmann Court of Appeal judgment. The prosecutor had appealed the acquittal on the murder/rape charges, and one of the accused (Knox) had appealed the conviction for calunnia.
The Chieffi CSC panel judgment
annulled with referral the Hellmann court judgment with respect to the acquittal for the murder/rape charges for both accused and for the aggravating factor for the calunnia charge against Knox, but confirmed Knox's conviction for calunnia - that is, it rejected her appeal.
Here are the statistics for CSC outcomes in 2013:
Annulment with referral: 5,205 cases (New trial required.)
Annulment without referral: 4,108 cases (No new trial, acquittal/dismissal.)
Inadmissible: 33,980 cases (Appeal arguments fail to comply with law.)
Rejected: 8,421 cases (Appeal arguments rejected; appealed judgment accepted.)
In 2015, the Marasca CSC panel reviewed the Nencini Appeal Court judgment. Both accused had appealed the conviction on the murder/rape charges and Knox had appealed the aggravating factor added to the calunnia final conviction.
The Marasca CSC panel judgment annulled without referral the conviction on the murder/rape charges, and acquitted the accused as not having committed the act of the crime; this invalidated the aggravating factor for calunnia; another charge (carrying a knife) was dismissed as past the statute of limitations.
Here are the statistics for CSC outcomes in 2015:
Annulment with referral: 5,383 cases (New trial required.)
Annulment without referral: 4,530 cases (No new trial; acquittal/dismissal.)
Inadmissible: 33,071 cases (Appeal arguments fail to comply with law.)
Rejected: 7,389 cases (Appeal arguments rejected; appeal judgment accepted.)
Bottom line: Annulment without referral is not unusual and is a common lawful CSC judgment (CPP Articles 620 and 621). All annulments without referral are accompanied by a dismissal of some form, such as, for example, the statute of limitations was exceeded, there was a nullity (a severe lapse in the judicial procedure), or the appealed judgment should have been an acquittal based on the errors in logic or grounds of the judgment derived from the evidence. One can readily understand this aspect by carefully reading CPP Article 620, which provides a list of the grounds for an annulment without referral, together with CPP Article 606, which provides a list of the lawful arguments acceptable for an appeal to the CSC.
The source for the CSC outcome statistics is Table 5.4 in:
https://www.cortedicassazione.it/ca...cms/documents/AG2022_ANNUARIO_penale_2021.pdf