Archive: 2013

"Our form of government does not enter into rivalry with the institutions of others. Our government does not copy our neighbors', but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty an obstacle, but a man may benefit his country whatever the obscurity of his condition."

Pericles, Funeral oration, 431 BC.

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11 Jun 2013
Useful Information

Precautionary measures under Italian law

Nicola Canestrini

Article 13 of the Italian Consitution expressly guarantees personal freedom, by stating that freedom may only be restricted by the judicial authorities and only in those cases provided for by law.

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11 Jun 2013
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The Italian legal system

Nicola Canestrini

The Italian legal system is that of a civil law State, governed by codified law. Italy's system of government is that of a parliamentary republic.

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11 Jun 2013
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In case of arrest

Nicola Canestrini

Serious criminal cases may begin with an arrest: an arrest in Italy may happen with or without an arrest warrant issued by a judge.

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11 Jun 2013
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The Italian Constitution

Nicola Canestrini

The Constitution of the Italian Republic (Italian: Costituzione della Repubblica italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text,...

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11 Jun 2013
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The ethical code for Italian lawyers

Nicola Canestrini

The ethical code regulates the relationship between an attorney and his client, and the relationship between attorneys and the judge.

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19 Apr 2013
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International protection in Italy: asylum, humanitarian assistance

Avv. Nicola Canestrini

The international protection seeker is a person who has applied for international protection and is awaiting the decision of recognition of refugee status or another form of protection.

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Recent publications

Interpol: a weapon against Human Rights defenders?

Established 1956 in Vienna, the INTERNATIONAL CRIMINAL POLICE ORGANIZATION - INTERPOL enables police in around 190 member countries to work together "to fight international crime": more in detail, its aim is to facilitate international police cooperation even where diplomatic relations do not exist between particular countries [1].

Extradition from Italy

In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state); hereinafter, for the purposes of this introduction to the extradition rules from Italy, only the the extradition* from Italy to a foreign country* will be considered.

Client - Attorney confidentiality in Italy: core value of democracy or just window dressing ?

Confidentiality is recognised as essential for the proper administration of justice, access to justice and the right to a fair trial, as required under the European Convention of Human Rights, inter alia, in the CCBE Charter of Core Principles of the European legal profession of 2006 (principle 6), in the Code of conduct for european lawyers of 1988 (sub 2.3), in the Recommendation Rec(2000)21 of the Committee of Ministers to member states on the freedom of exercise of the profession of lawyer of 2000 (principle I.6), European Parliament resolution on the legal professions and the general interest in the functioning of legal systems of 2006 (whereas E and H), and in the United Nations Basic Principles on the Role of Lawyers of 1990 (principle 8 and 22).

Criminal records in Italy

There are essentially 6 main kinds of records in Italy:

Treatment of classified information before the ECJ

In the post 9/11 context of global terrorism and global counter-terrorism, the question of secrecy, usually grounded in national security-related concerns, has become one of the most interesting legal issues.In the wake of an increasingly transnational terrorism phenomenon, the balancing of security, secrecy and fundamental procedural rights represents an increasing challenge for both the Executive and the judicial authorities.