Questione giuridica chiave
Whether the cantonal appeal court assessed the evidence arbitrarily and violated in dubio pro reo by inferring embezzlement from the withdrawal and use of cash.
Decisione estratta
Yes. Although several incriminating indicia could be considered, two of the court's key adverse inferences were arbitrary; on the whole, serious doubts remained as to guilt.
Motivazione estratta
The Federal Court held that in dubio pro reo is violated only where substantial, unavoidable doubt remains under objective review. The appellate court relied on some permissible indicia, but it unreasonably interpreted the evidence in two respects and failed to give adequate weight to exculpatory circumstances. The overall evidence did not eliminate serious doubt.