Key legal question
Whether the constitutional complaint was admissible despite the availability of an ordinary federal nullity complaint
Extracted holding
The complaint was admissible as a constitutional complaint because the challenged assessment concerned evidence appraisal, which could not be raised by federal nullity complaint.
Extracted reasoning
Refusal to reopen can implicate Art. 397 StGB, but the concrete issue here was the materiality assessment of newly produced evidence, a factual/evidentiary question not reviewable by nullity complaint.