Questione giuridica chiave
Whether the criminal appeal was admissible against the cassation court's partly remanding decision.
Decisione estratta
The decision was an interlocutory decision, not a final or partial decision, and the conditions for immediate appeal against an interlocutory decision were not met.
Motivazione estratta
Although some parts of the lower judgment were finally disposed of, the case was remanded to the Obergericht for resentencing and reconsideration of appellate costs and compensation. The Obergericht retained discretion, so the matter was not finally concluded. No irreparable legal harm existed, and mere practical enforceability of civil/restitution claims was insufficient.