Questão jurídica principal
Whether the cantonal appeal court committed excessive formalism by declaring the complaints inadmissible for not expressly requesting annulment and remand
Decisão extraída
Yes. The appeal court could have annulled the abandonment decisions and remanded the case ex officio; rejecting the appeals solely for the wording of the petitum was excessive formalism.
Fundamentação extraída
Under Art. 397(2) and (3) CPP, appellate review of an abandonment decision may have both reforming and cassatory effects. The appellants’ requests were substantively clear.