Cassation annuls appeal court ruling on civil damages due to violation of the prohibition of worsening the defendant's position.
Sintesi Legislator
Generato dall'IAThe Court of Cassation annulled the Milan Court of Appeal's decision regarding civil damages without remitting the case for a new trial. The appellant argued that the lower court improperly increased the awarded damages from 1,000 euros to the first-instance amount, violating the principle against worsening the defendant's position. The court ruled that since the original damage assessment was already final and unchallenged, the appellate judge could not increase the sum during the retrial.
Regesto Legislator
Generato dall'IAArt. 60 c.p.p.; Art. 62-bis c.p.: The appellate judge, when ruling on remittal following an annulment of a conviction sentence on the sole appeal of the accused, must adhere to the implicit res judicata formed on the head of the decision not affected by the annulment, thereby prohibiting an increase in the awarded damages.