Firm profile
Firm profile

Tag: rescission


Italian 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.