Questão jurídica principal
Whether the cantonal court could deny compensation for proceedings terminated by prescription without addressing its prior case law and giving reasons for the change
Decisão extraída
No. The cantonal court changed its approach without confronting its previous practice or explaining objective reasons for departing from it, violating the duty to give reasons.
Fundamentação extraída
The prior Ticino practice treated prescription as a substantive bar requiring a decision on the merits and had allowed compensation under Art. 317 CPP/TI. A departure from settled practice must be reasoned and based on objective grounds; none were given.