Questione giuridica chiave
Whether the appeal court could increase the sentence under Articles 47, 50 and 398 CPP/CPC principles.
Decisione estratta
Yes. The appeal court was entitled to reassess the sentencing factors and to give the mitigating circumstances less weight than the first instance, as long as it stayed within the legal range and gave adequate reasons.
Motivazione estratta
Sentencing under Art. 47 CP is based on overall culpability and leaves broad discretion; appellate review may freely reassess which factors are relevant. The court may reject as neutral or irrelevant factors that were overvalued below, and need not quantify the weight of each element under Art. 50 CP.