Italian Court dismisses prisoner's appeal for sentence revocation as already rejected by execution judge.
Sintesi Legislator
Generato dall'IAThe Court of Cassazione declared Giovanni Lamarmora's appeal inadmissible because the request to revoke his life sentence had already been rejected by the Milan Court of Appeal in July 2021. Lamarmora argued for constitutional illegality of specific penal articles, but the defense had previously submitted identical arguments to the execution judge without success. The court ruled that since the issue was already examined and dismissed, the new appeal was manifestly unfounded and thus inadmissible under procedural law.
Regesto Legislator
Generato dall'IAArt. 610 comma 5-bis c.p.p.; Art. 616 c.p.p.: When a request for sentence revocation or constitutional illegality has already been examined and rejected by the execution judge, a subsequent appeal on the same grounds is inadmissible as manifestly unfounded.