Tag: fair trial
JudgmentsEffective 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.
JudgmentsDue 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.
JudgmentsVideoconference 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.
JudgmentsPresumption of innocence and compensation to victims (ECtHR, Pasquini 2020)
Compensation to crime victim without conviction violates presumption of innocence.
ArticlesClosed 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?
JudgmentsKnowledge 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 InformationItalian 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).