Questione giuridica chiave
Whether the cantonal court committed a formal denial of justice by refusing to decide the 'loss of the right to prosecute' argument.
Decisione estratta
No denial of justice occurred, because the issue belonged to the merits and could not be decided pre-judicially in the absence of a valid opposition proceeding.
Motivazione estratta
The lower court had no jurisdiction to address the constitutional challenge once it found the opposition fictionally withdrawn under Art. 356(4) CPP.