Machiavelli
Philosopher
- Joined
- Sep 19, 2010
- Messages
- 5,844
To all,
Frank wrote, "The Supreme Court can’t increase the sixteen years inflicted by the Corte d’Assise d’Appello of Perugia (by canceling, for instance, the extenuating circumstances) since the prosecution didn’t appeal."
But this is total BS. I'm sorry but Frank here shows the problem with his work as a blogger. The Supreme Court cannot increase (nor reduce) anything, in any case. It is called Supreme Court of Cassation because its power is a power of cassation, they can only approve or disapprove, and remand, or abolish. They cannot modify, like by increase or diminish or correct. They cannot enter the merits of facts, like for example "cancel the extenuating circumstances"! That is completely off the powers of the court. They could contest the motivation of a point, in terms of legal consistency, and thus order a re-assessment. But they cannot modify a point.

