The Court of Cassation cannot overrule the trial court’s interpretation of the evidence but can correct a lower court’s interpretation or application of the law.
so there is not nearly as much latitude in what the court can do
...except that they already did completely overrule the trial court’s interpretation of the evidence when they canceled the acquittal last March. So, they could certainly do it again, in the opposite direction, if they were so inclined. (I’m not predicting they will be so inclined.)
In Italy, the “interpretation or application of the law” includes the reasoning about the evidence used by the lower court; this is the loophole they use to disagree with lower courts about the facts of the case when they feel like it.
...except that they already did completely overrule the trial court’s interpretation of the evidence when they canceled the acquittal last March. So, they could certainly do it again, in the opposite direction, if they were so inclined. (I’m not predicting they will be so inclined.)
In Italy, the “interpretation or application of the law” includes the reasoning about the evidence used by the lower court; this is the loophole they use to disagree with lower courts about the facts of the case when they feel like it.