Questione giuridica chiave
Whether sincere repentance under Art. 64 CP had to be applied as a mitigating circumstance.
Decisione estratta
The defendant's substantial efforts to compensate the victims could qualify as sincere repentance, but the cantonal court was not obliged to apply Art. 64 and could instead consider that element within ordinary sentencing under Art. 63 CP.
Motivazione estratta
Sincere repentance requires a concrete, disinterested and meritorious effort to repair the harm. Even if such repentance exists, the judge retains discretion and may account for it in ordinary sentencing if no abuse occurs.