Questione giuridica chiave
Whether the appellate court could acquit Y. because another person had already been convicted for the same injuries under § 208 lit. c StPO/SO
Decisione estratta
No. The prior contradictory judgment did not bar a merits assessment of Y.'s own conduct; the provision was misapplied in this ordinary appeal.
Motivazione estratta
The revision rule protects the person wrongly convicted, not the alleged second perpetrator. In an ordinary appeal, the court had to determine Y.'s own acts and then apply substantive criminal law.