Cassation court dismisses unjust detention compensation claim where applicant's criminal conduct was not grave negligence despite acquittal.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed Enrico Vastano's appeal against the Second Instance Court's rejection of his claim for compensation for unjust detention. Vastano argued that the lower court erred by treating his acquittal as evidence of grave negligence, whereas he had explicitly denied the charges. The court ruled that the detention judge must evaluate all evidence to determine if the applicant's conduct, viewed in light of the procedural error, created a false appearance of criminal liability, which Vastano's actions did not satisfy.
Regesto Legislator
Generato dall'IAArt. 314 c.p.p.; In unjust detention compensation cases, the merits judge must assess all evidence to determine if the applicant's conduct, viewed in light of the procedural error, created a false appearance of criminal liability, requiring a separate logical-motivational evaluation distinct from the criminal trial.