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tazzygirl -> RE: Amanda Knox retrial? (3/26/2013 9:07:31 PM)
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quote:
That's the way I remember it but I'm too tired to google and check. Where's that google Queen Tazzy.. maybe she'll do my homework for me.
On November 1, 2007, Meredith Kercher was murdered in the apartment she shared with Knox. On November 6, 2007, Knox was arrested by the Italian police and, along with Sollecito, charged with the murder of Kercher. During the subsequent four-year trial and appeal process she was held under cautionary detention (carcerazione preventiva) at the Capanne prison in Perugia. In 2009, Knox and Sollecito were convicted of sexual assault, murder and simulating a burglary at the first level (primo grado) of trial (see Italian Criminal Procedure).
However, according to Italian law, she would not be considered guilty until the verdict was confirmed by higher courts.[8] During her appeal at the second level (secondo grado) of trial, which concluded on October 3, 2011, the original conviction was overturned, she was found innocent of the murder and she was released from prison.[9][10]
However, on March 25, 2013 the Italian Court of Cassation overturned Knox's acquittal and ordered a retrial at an appellate court in Florence.[11]
http://en.wikipedia.org/wiki/Amanda_Knox
Review of trial
When new evidence is discovered, that by itself or together with that presented during the trial might justify an acquittal, the convict, his next of kin, his guardian, his heir — if the convict is dead — or the Procuratore Generale presso la Corte d'Appello (the Public Prosecutor attached to the Court of Appeals) may apply to the Court of Appeals for a review of trial.
The Court decides de plano with an ordinanza if the application is receivable; if it deems it is not, the losing party can appeal the ordinanza before the Corte di Cassazione.
If the Court of Appeals, or the Court of Cassation, deems that the application is receivable, the second part of the review begins before the Court of Appeals itself. During the new trial, the Court reexamines all evidence and can acquit the defendant or uphold his conviction; the verdict is, then appealable before the Court of Cassation.
Even if an application for review was turned down before, the convict can apply again, so long as he presents new evidence.
A "not guilty" verdict, which has become irrevocable — that has been upheld by the Court of Cassation, that is to say —, can never be reviewed.
Other cases of review are as follows:
the conviction was based upon the facts ascertained by a civil or administrative Judge and his judgement has been revoked;
the conviction was the consequence of perjury, bribery or of another crime and the conviction for this crime is irrevocable;
there is discrepancy between the findings of fact contained in the conviction and in another irrevocable one.
http://en.wikipedia.org/wiki/Italian_Criminal_Procedure
Hope that helps!
Queen Tazzy of the Google Kingdom!
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