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Tag: fair trial


Torture charges allow in absentia proceeding (Italian Constitutional Court, 192/23)

The assessment of torture charges in a public criminal trial meets a constitutional and supranational obligation: the uncooperative conduct of one's own State in the notification of the trial legitimises a trial in absence, without prejudice to the right of the accused himself to a new trial in presence for the re-examination of the merits of the case. 


Hearing without interpreter? It does'nt matter (Cass. 31431/23)

It is lawful to validate the arrest of the foreign national who is not an Italian citizen even following the entry into force of Legislative Decree No. 32 of 4 March 2014, which implemented Directive 2010/64/EU on linguistic assistance, without first questioning him due to the impossibility of finding an interpreter in a timely manner, since this is a case of force majeure that does not prevent the judge from deciding on the legitimacy of the actions of the judicial police.


Italian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
When the material acquired with a European investigation order has been the subject of a decryption activity by the judicial authority of another member state, the unencrypted computer data, obtained…


Effective knowledge of trial has no exceptions even in Regeni torture and murder case (Cass. 5675/23)

Defendants in a criminal trial have to be summoned properly in order to guarantee their right to a fair trial and lack of international diplomatic cooperation cannot justify an exception.


Due process requires transparency of evidence gathering in SKY ECC proceeding (Cass, 32915/22)

Sky ECC messaging can be used in Court only if its acquisition is transparent. 


Videoconference in French criminal courts violates fair trial rights (Conseil d’État, 27.11.2020)

Conseil d’État suspends the use of videoconferencing in criminal court hearings since it violates the right to a fair trial.


Presumption of innocence and compensation to victims (ECtHR, Pasquini 2020)

Compensation to crime victim without conviction violates presumption of innocence. 


Closed doors, virus infects Italian criminal trial

The publicity of court proceedings protects defendants  against secret justice: does Italian COVID 19 regulation regarding cloud doors respect the rule of law?



Knowledge of trial and conviction has to be effective (Cass. 23948/20)

There can be no fair trial without effective knowledge of the hearings by the defendant. 

Useful Information

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)