07 Jun reform in cassation of the appeal sentence

In the case of full reform by the appeal judge of a decision of the opposite sign, The second judge has the obligation to specifically demonstrate unsustainability, on the logical and legal level, of the most relevant topics contained in the first instance sentence, with rigorous and penetrating critical analysis, followed by complete and convincing motivation, that, overlapping all over that of the first judge, give reason for the choices made and the greater consideration granted to different or differently evaluated test elements ". Need, therefore, In the opinion of the Court, be an in -depth critical comparison with the complex of the argumentative structure of the contested sentence and with the logical path followed by the first judge, is an adequate justification of the reasons for the overcoming of the topics at the basis of the reformed decision and the different solution adopted. The appeal judge is, then, required to structure the motivation of one's decision in a strengthened way, giving punctual reason for the different conclusions assumed. This obligation, underlines the Supreme Court, It also exists in the event of a reform, in an absorbed sense, of the first instance sentence, Based on a different assessment of the same evidentiary compendium, as in this eventuality the appeal judge, although not obliged to renew the subscription investigation, It is however required to structure the motivation of its decision in a strengthened way (Cass. 6836/2024)