The important question here is, can the supreme court say that the evidence does not meet the standard of reasonable doubt?
Yes, they can. (But they probably won’t.)
Is that a matter of interpretation of the evidence, or a matter of the application of the law?
Trick question! In Italy, interpretation of the evidence is a matter of the application of the law, because the law specifies that the evidence has to be interpreted “logically”. See how that works? If they want to overturn a verdict, they simply say that the lower court’s motivation document was “illogical”; but if they don’t, they can hide behind “far be it for us to enter into the merits of the case, which is reserved to the lower courts”. It’s perfect!
Yes, they can. (But they probably won’t.)
Trick question! In Italy, interpretation of the evidence is a matter of the application of the law, because the law specifies that the evidence has to be interpreted “logically”. See how that works? If they want to overturn a verdict, they simply say that the lower court’s motivation document was “illogical”; but if they don’t, they can hide behind “far be it for us to enter into the merits of the case, which is reserved to the lower courts”. It’s perfect!