Il caso Gabriele: un’analisi logico-argomentativa della motivazione probatoria d’Appello e del suo controllo di legittimità

The text aims to analyze, through the tools of argumentative analysis, the reasons offered, in the Gabriele case, by the Court of Appeal and by the Court of Cassation. First, the text critically describes the reasoning of the Appeal Court on the evaluation of the evidentiary elements and their strength. Then, the paper discusses the legitimacy check developed by the Court of Cassation on the Appeal’s evidentiary reasoning. It is argued that the rulings have achieved partially acceptable results. The outcomes are epistemologically acceptable, but legally more controversial