Questão jurídica principal
Whether the cantonal court violated Art. 385 StGB by rejecting revision for lack of new decisive facts or evidence.
Decisão extraída
The divorce documents were new evidence only in part, but they were not capable of undermining the prior conviction or making an acquittal or materially lighter sentence seriously possible.
Fundamentação extraída
In an amicable divorce handled without the parties present, the absence of rape allegations in the divorce file does not show those acts did not occur. The court could therefore find the prior trial evidence, especially the complainant's statements, remained credible and decisive.