Questione giuridica chiave
Whether a constitutional subsidiary appeal was available against a criminal decision subject to ordinary appeal.
Decisione estratta
No. In criminal matters, only the ordinary criminal appeal route was relevant; the subsidiary constitutional complaint was unavailable.
Motivazione estratta
The subsidiary constitutional complaint is open only when no ordinary federal appeal is available. Criminal decisions under Art. 78 LTF are not excluded from ordinary review on that basis.