katy_did
Master Poster
- Joined
- Feb 4, 2010
- Messages
- 2,219
By far the most common grounds for Supreme Court acquittals seems to be on the grounds of elapsed time and the statue of limitations. And this is a black-and-white issue in Italian law: if the case overruns its time limit for completion, then the defendant gets automatically acquitted, regardless of the strength of the case against him/her. So one can see how the Supreme Court is adequately mandated to impose acquittals in such circumstances. This is what happened in the Andreotti case, and it appears that defence lawyers are very well versed in exploiting this statute of limitations issue in "getting their clients off".
I don't think all of the charges against Andreotti were quashed due to the length of time having elapsed (e.g. I don't think the charges relating to the murder of Pecorelli were) but I'm not certain, I need to read up on it a bit more.
Article 620 seems to be the key one relating to final acquittal (or rather, annulment) of a sentence by the Supreme Court. No idea which of the various grounds would be the most common, though, or if any might apply here.