Tag: in absentia
JudgmentsTorture 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.
JudgmentsIn absentia retrial has to be full (ECtHR, Shala vs Italy, 23)
Italy violates fair trial rights not granting an effective fresh determination of the merits of the charges against who whas been convicted without effective knowledge of the trial in accordance with the requirements of Article 6 ECHR.
JudgmentsIn absentia retrial request before surrender is admissible (Venice Court, 2023)
In in absentia convictions prior to 2014, the 30 days term from surrender to Italy for requesting retrial set in Italian Code of Criminal Procedure constitutes a favorable term as well as an additional guarantee with respect to the ordinary term of 30 days from the date of effective knowledge of the conviction: nothing precludes the defendant to file a retrial request before surrender within 30 days form arrest.
JudgmentsItalian in absentia conviction, rescission denied if defendant didn't take interest (Cass. 13051/23)
Under Italian law, a in-absentia-convicted defendant may obtain the rescission of the judgment, if she/he proves that the absence is due to an non culpable lack of knowledge of the trial: art 629 bis Italian criminal procedure code rules that it's the convicted person who must prove that 1) she/he had no knowledge of the trial, and 2) that the lack of knowledge was not due to her/his fault.
JudgmentsItalian in absentia conviction: mutual legal assistance request regarding detention order and effective knowledge (Trieste Court, 23/1/23)
Request of mutual assistance in serving an execution order to an attorney canno automatically leads to an effective knowkledge presumtpio of the in absentia conviction.
JudgmentsDetention abroad and right to partecipate at an Italian criminal trial (Cass., 43200/22)
The right to attend an own hearing is a fundamental requirement of a fair trial: if the defendant is detained abroad, the Italian trial should halt.
JudgmentsInterpol red notice arrest doesn't give effective knowledge of trial (Cass. 37132/19)
Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest.
JudgmentsAbsent doesn't mean contumacious: new rescission not allowed (Supreme Court, 18624/19)
ArticlesItalian in absentia trial violates the right to a fair trial
The Italian rules governing the retrial of in absentia conviction do not meet European convention on Human rights' standard, because they do not grant the defendant the right to adduce new evidence and disputethe evidence gathered in his absence.