the appeal and try declarative

Justices of Appeal, in potential reforms of the acquittal of first degree on the basis of a different appreciation of the statements – the decisive nature – She made by the expert or consultant before the first degree Judge, has the obligation to renew the examination of the same because it is a declarative proof; Conversely, this obligation does not exist if such a different assessment relates to the expert's report acquired in the first instance without the correlative hearing examination being carried out (Cass. SS.UU. 11426/2019).

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