Questione giuridica chiave
Whether the cantonal appeal court arbitrarily applied Art. 219 CPP/FR by revising the facts without reopening evidence
Decisione estratta
The complaint failed: the appellate court could rely on the file and complete or correct points left open without reopening evidence, and the challenge was insufficiently reasoned.
Motivazione estratta
The court held that a new taking of evidence is required only when the appellate court departs on essential points from facts established at trial on the basis of evidence the trial court itself heard; it may rely on the file where the trial court had not made definitive findings or where the point is secondary.