Questione giuridica chiave
Whether the request for a new judgment was governed by old or new procedural law
Decisione estratta
The transitional rule required applying the more favorable procedure; the lower court correctly examined which law was more favorable.
Motivazione estratta
A rejection of a new-judgment request is not a judgment on the merits; the relevant default procedure was the original 2010 trial, so the old and new procedural regimes had to be compared under Art. 452 para. 2 CPP.