Questione giuridica chiave
Whether the new criminal code provisions of 1 January 2007 applied under lex mitior in cantonal cassation
Decisione estratta
No. The defendant was already 'put on trial' at first instance; the cantonal cassation court acted only as a cassation body and did not decide the merits.
Motivazione estratta
Under Art. 2 para. 2 CP, the decisive stage is the one at which the accused is tried. A purely cassatory cantonal remedy that normally only quashes and remands does not make the appellate stage the relevant trial stage.