Questione giuridica chiave
Whether the victim's later testimony was a new and material piece of evidence under Art. 410(1)(a) CCP
Decisione estratta
Yes. The later statement was a new evidentiary result and could plausibly support self-defence or a substantially lighter sentence.
Motivazione estratta
The victim had previously categorically denied striking the applicant, but later admitted it could be possible. Since only the two protagonists witnessed the clash, the changed testimony could alter the factual basis of the earlier judgment.