Questione giuridica chiave
Whether the appeal had to be declared in writing to the appellate court under Art. 399 StPO
Decisione estratta
Yes. A statement filed only with the first-instance court did not replace the written appeal declaration to the appellate court; however, under the circumstances the court should have set a deadline for curing the formal defect.
Motivazione estratta
The appeal system is normally two-stage: appeal notice to the trial court, then written appeal declaration to the appellate court. The defendant's filings before the trial court were treated as an appeal notice, not a valid appeal declaration. Because the appellate court knew the defendant wished to proceed and had contact with counsel during the still-running period, fairness required a formal opportunity to remedy the omission.