Questione giuridica chiave
Whether the defendant may file a cross-appeal when only the injured party has appealed.
Decisione estratta
Yes. A cross-appeal by the defendant is admissible even if the appeal was filed by the injured party rather than the prosecutor.
Motivazione estratta
Although § 175(2) StPO mentions only a prosecutor’s appeal, the injured party who exercises the right of appeal occupies, unless the prosecutor is conducting the prosecution before the appellate court, a position equivalent to that of the prosecutor under § 179 StPO e contrario. There is no reason to deny the defendant the same right to seek comprehensive review, including issues not covered by the appeal, in response to an injured party’s appeal.