Questione giuridica chiave
Whether a public law appeal is admissible against the cantonal cassation court's remand decision
Decisione estratta
No; the remand is an incidental decision and the accused showed no irreparable legal prejudice.
Motivazione estratta
Under Art. 87(2) OJ, an appeal against an incidental decision is admissible only if irreparable prejudice may result. A remand for a new first-instance decision is a mere procedural step. The burdens of continuing the criminal proceedings are not irreparable prejudice, and any challenge can be brought later against the final cantonal judgment together with the incidental decision under Art. 87(3) OJ.