Italian Criminal Procedure Code

The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy; basically, Italian criminal trial is adversarial (with an inquisitorial approach). 

Article 111 - as amended 1999 -  of the Italian Constitution states that:

1. Jurisdiction shall be implemented through a fair trial regulated by law.

2. All court trials shall be conducted with adver- sary proceedings and parties shall be entitled to equal conditions before a third-party and impar- tial judge. The law shall provide for a reasonable duration of trials.

3. In criminal law trials, the law shall establish that the accused be promptly and confidentially informed of the nature and reasons of the charges and be given adequate time and conditions to pre- pare a defence. A defendant shall have the right to cross-examine witnesses for the prosecution, or to have them cross-examined before a judge; examine witnesses for the defence in the same conditions as the prosecutor; and the right to produce any evi- dence for the defence. The defendant shall be en- titled to the assistance of an interpreter in the case such defendant cannot speak or understand the lan- guage in which court proceedings are conducted.

4. The formation of evidence in criminal law trials shall be based on an adversarial process. The guilt of the defendant may not be established on the basis of statements by persons who have willingly refused cross-examination by the defendant or the defendant’s counsel.

5. The law shall regulate the cases in which the formation of evidence may not occur in an adversarial process, with the consent of the defend- ant or owing to verified objective impossibility or proven illicit conduct.

6. All judicial decisions shall include a statement of reasons.

7. Appeals to the Court of Cassation in cases of violations of the law shall always be allowed against sentences and against measures affecting personal freedom pronounced by ordinary and special courts. This rule can only be waived in cases of sentences by military tribunals in time of war.

Here some info about Italian criminal trial; read an introduction to Italian criminal law and procedure and pretrial detention. Here basic principle about Italian criminal law.  Download the informal translation of the Italian Criminal procedure code  in .pdf, which may NOT be updated and does not constitute a professional advice. 

History: The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted the new code, that - as mentioned - could be considered to be somewhere in between the inquisitorial system and the adversarial system.

Download the informal translation of the Italian Criminal procedure code  in .pdf, which may NOT be updated. 

Here some info about Italian criminal trial; read an introduction to Italian criminal law and procedure and pretrial detention. Here basic principle about Italian criminal law.  Download the informal translation of the Italian Criminal procedure code  in .pdf, which may NOT be updated and does not constitute a professional advice.