TITLE

THE INFLUENCE OF THE ECHR JURISPRUDENCE ON THE NATIONAL CRIMINAL PROCEDURE SYSTEM. THE ITALIAN PERSPECTIVE: FROM DIVERGENCE TO REALIGNMENT

AUTHOR(S)
Tracogna, Clara
PUB. DATE
January 2010
SOURCE
LESIJ - Lex ET Scientia International Journal;2010, Vol. 17 Issue 1, p84
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The paper will offer a survey of the most important and recent ECHR decisions that sentenced Italy on varied criminal procedure aspects. In particular, the essay will analyze how those decisions influenced both legislative choices and judicial decisions: as a matter of fact, the Italian Parliament approved specific laws in order to adapt the criminal procedure code to the ECHR decisions that sentenced Italy; the Constitutional Court, as well as the Trial Courts, also changed its perspective and followed the principles carried out by the ECHR. The overview will focus on: in absentia trials, defendant rights, revision of the final conviction and right to a renewal of the trial.
ACCESSION #
51650593

 

Related Articles

  • GUARANTEES SPECIFIC TO A FAIR TRIAL IN CRIMINAL MATTERS. HARMONISATION OF JURISPRUDENCE. Damaschin, Mircea // LESIJ - Lex ET Scientia International Journal;2010, Vol. 17 Issue 1, p72 

    By adopting the European Convention on Human Rights (hereinafter referred to as "the Convention") in 1994, the Romanian State recognised the necessity that any criminal trial should be carried out under fair conditions, in accordance with the requirements of Article 6 of the Convention. In this...

  • The Role of Dutch Courts in the Protection of Fundamental Rights. Efthymiou, Nick S.; de Wit, Joke C. // Utrecht Law Review;Mar2013, Vol. 9 Issue 2, p75 

    The article discusses the role of the Dutch courts in the protection of fundamental rights, focusing on the two contradictory elements of the Dutch constitutional law, the Article 130 of the Dutch Constitution (Grondwet) and the Article 94 of the Dutch Constitution. Topics include the genesis...

  • DIRECT EFFECT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS. Etinski, Rodoljub; Đajić, Sanja // Annals of the Faculty of Law in Belgrade;2015, Vol. 63 Issue 3, p91 

    This article explores the concept of direct effect of the European Convention on Human Rights. In order to discuss this and related issues the authors have selected two opposite approaches to direct effect of the ECHR, the one of the Italian Constitutional Court and the other of the Serbian...

  • DREPTUL LA INFORMARE. Manea, Teodor; Ciceu, Izabela // Romanian Penal Law Review;jul-sep2012, Vol. 19 Issue 3, p110 

    The right to be informed in an essential part of the right to a defense of any prosecuted individual within a criminal proceeding, its expression being a manifestation of the European Convention for Human Rights. A comparative conspectus upon criminal proceeding, with all of the essential stages...

  • PRELIMINARY CHAMBER - EVOLUTION OR INVOLUTION IN THE ROMANIAN CRIMINAL PROCEDURE. COMAN, Ramona Mihaela // Juridical Current;2014, Vol. 17 Issue 2, p92 

    This paper deals with two aspects referring to the procedure of the preliminary chamber, which could raise questions about the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights: is the judge of the preliminary chamber compatible to judge the case on the...

  • Critics of some provisions concerning preventive measures. BOGEA, Marius Ciprian // Acta Universitatis George Bacovia (Juridica);2015, Vol. 4 Issue 1, p43 

    Taking into account the new socio-juridical realities, effect of the fight against corruption, an exhaustive analysis of the dispositions relating to preventive measures may be imposed, more than ever, considering the implications of these institutions with a constraint character of the...

  • POZNAVANJE I PRIMJENJIVOST USTAVNIH I KONVENCIJSKIH NAÄŒELA O PRAVIÄŒNOM POSTUPKU KAO CONDICIO SINE QUA NON DOBRE OBRANE. Pavlović, Šime // Croatian Annual of Criminal Law & Practice / Hrvatski ljetopis z;2009, Vol. 16 Issue 2, p543 

    The author indicates the essential need of defence counsels (attorneys) to know constitutional and convention regulations to successfully perform the task of providing procedural assistance to the defendant. The paper presents the content of the relevant provisions of the Croatian Constitution,...

  • ISTRAŽNI ZATVOR. Horvat, Lidija; Lasan, Višnja Drenški // Croatian Annual of Criminal Law & Practice / Hrvatski ljetopis z;2009, Vol. 16 Issue 2, p583 

    The institute of detention on remand was introduced in the criminal procedure with the adoption of the Criminal Procedure Act (OG 152/2008) and the Act on Amendments to the Criminal Procedure Act (OG 76/2009). In addition to these acts, a provision on detention on remand is also part of Article...

  • COMPARATIVE ASPECTS REGARDING THE SETTLEMENT UNDER THE CODE OF CRIMINAL PROCEDURE OF 1969 BY THE HIGH COURT OF CASSATION AND JUSTICE OF AN APPEAL AGAINST AN UNREASONED CONVICTION SENTENCE DELIVERED BY THE COURT OF APPEAL SUBSEQUENT TO THE ACQUITTAL DECISION ISSUED BY THE TRIAL COURT SINESCU, Mircea Constantin // International Conference : CKS - Challenges of the Knowledge Soc;2015, p124 

    This article examines, in relation to the national law (the Code of Criminal Procedure of 1969) and the provisions of the European Convention on Human Rights, the judgment of an appeal filed against an unreasoned sentencing decision delivered by the appellate court subsequent to a decision for...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics