Italian Supreme Court annuls appeal sentence for preferring a harsher written text over the oral reading in criminal trial.
Sintesi Legislator
Generato dall'IAThe Supreme Court annulled the Court of Appeal's decision which preferred a written judgment text imposing a heavier sentence over the oral reading presented in court. The appellant argued that the written text, deposited in the registry, contradicted the oral reading which was less severe, yet the lower court failed to justify this discrepancy. The Court ruled that the written text must prevail only if no material error exists and it does not disadvantage the defendant, leading to a remand for a new sentencing evaluation.
Regesto Legislator
Generato dall'IAArt. 533, 535 c.p.p.; Art. 624 c.p.p.: When a discrepancy exists between the oral reading and the written text of a criminal judgment, the written text prevails unless a material error is evident, provided the written text does not result in a more severe penalty for the defendant.