Key legal question
Whether the limited review powers of the Ticino cassation court violated the cantonal constitution and the right to a second instance
Extracted holding
No. Cantonal law could validly define the powers of the second-instance criminal court; the constitutional guarantee only required a double-instance system, not full review.
Extracted reasoning
Article 80 of the Ticino Constitution delegated organization, competence and procedure to the legislature. Article 288 CPP/TI therefore did not conflict with Article 76 Cost./TI.