18 Sep shortened appeal judgment and new evidence

In the shortened appeal proceedings, the parties do not have a right to the taking of new evidence, but they only have the power to solicit the exercise of the investigative powers referred to in art. 603, co. 3, c.p.p, the assessment of the absolute necessity of the requested supplementary evidence being left to the second degree judge. And indeed, in the appeal judgment against the sentence issued at the outcome of the shortened procedure, the renewal of the preliminary investigation is allowed only in the event that the Court of Appeal considers the taking of the new evidence as potentially capable of affecting the evaluation of all the elements acquired; however, in the presence of evidence supervening or emerging after the first degree decision, the judicial evaluation of the parameter of absolute necessity must take into account this novelty of the evidentiary data, by its nature suitable for achieving an effective expansion of cognitive abilities in the perspective key indicated above. (Cass. 51901/19).