Questão jurídica principal
Whether limited cassation review in Ticino violated the presumption of innocence and the right to a double instance
Decisão extraída
No. A cassation system that reviews facts only for arbitrariness is compatible with the relevant international guarantees.
Fundamentação extraída
The presumption of innocence concerns proof and evaluation of evidence, but the appellant did not show why arbitrary-review control would breach it. International law allows limits on appellate review if the essence of the right remains intact.