Vixen
Penultimate Amazing
We do have an Italian law firm online to help understand the CPP and other Italian law codes.
For CPP Article 603, see the explanations of the CPP Article, which follow the text of the article, under the heading "Spiegazione dell'art. 603 Codice di procedura penale":
https://www.brocardi.it/codice-di-procedura-penale/libro-nono/titolo-ii/art603.html
From my reading of the Google translated text and the explanation, your understanding of CPP Article 603 is correct.
Is it correct that Sollecito appealed for the pillow's seeming semen stain to be DNA profile tested in his appeal to the Hellmann Court of Appeal, and Hellmann did not act on the request, and that Sollecito also appealed for the DNA profile test of the stain in his appeal to the Nencini Court of Appeal and Nencini did not act on the request? Did either of the courts' motivation report or trial transcript show a reason why the judge declined to order the test?
To answer my own questions, in part, here is an excerpt from the summary of Sollecito's appeal of the Nencini court conviction from the Marasca CSC panel motivation report (p. 11 - 12 of the translation*):
So Sollecito requested DNA testing of the seeming semen stain on the pillow in his appeal to the Nencini court and it was (according to Sollecito) denied by the judge without any rational coherent explanation.
* http://amandaknoxcase.com/files/wp-content/uploads/2015/09/marasca-bruno-motivations-report.pdf
One legalistic reason - not necessarily a rational or coherent reason - for the judge to deny the admission of new evidence is the requirement of CPP Article 603, paragraph 2 that the judge must follow the procedure of CPP Article 495, paragraph 1 before deciding on the admission. CPP 495, paragraph 1 requires the judge to hear all the parties to the case, including the prosecutor, before deciding on the admission. And that is how the judge, if he is biased or lacks courage and integrity, enables the prosecutor to decide that evidence favorable to the accused is not admitted into a trial in Italy.
No, it was not 'an appeal' it was an application. Note correct legal terminology.
It is for a party to make an application and for the judge to either accept or dismiss it. Any decision by a judge can be appealed. The appeal is against the decision.
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