Questione giuridica chiave
Whether the public-law appeal was admissible to challenge arbitrary evidence assessment and the presumption of innocence.
Decisione estratta
Yes. These complaints could not be raised by nullity appeal and were therefore open under public-law appeal; the appellant had standing because his conviction was upheld.
Motivazione estratta
The Federal Tribunal noted that the ordinary nullity appeal did not cover arbitrary fact-finding or direct constitutional/conventional complaints, so the subsidiary public-law appeal was available.