With the herein reported additive ruling, the Constitutional Court has prevented Giulio Regeni murder trial from being defined by the judgement of non-prosecution pursuant to Article 420-quater of the Code of Criminal Procedure. In upholding the question of constitutionality of Article 420-bis, paragraph 3 of the Code of Criminal Procedure, the Court has thoroughly set out the conditions of the new regime of the in absentia trial: firstly, the facts that are the subject of the charges must fall within the concept of torture, as defined by Article 1 CAT; secondly, it is necessary that the acquisition of evidence of lack of knowledge of the pending trial – even where there is the awareness of the proceedings – is due to the ascertained refusal of judicial assistance by the defendant’s foreign State of nationality; moreover the right to a new trial in presence must be guaranteed.
Mangiaracina A. (2024). Justice must go on: la Consulta apre alla celebrazione in assenza del "processo Regeni". PROCESSO PENALE E GIUSTIZIA(2), 395-412.
Justice must go on: la Consulta apre alla celebrazione in assenza del "processo Regeni"
Mangiaracina A.
2024-01-01
Abstract
With the herein reported additive ruling, the Constitutional Court has prevented Giulio Regeni murder trial from being defined by the judgement of non-prosecution pursuant to Article 420-quater of the Code of Criminal Procedure. In upholding the question of constitutionality of Article 420-bis, paragraph 3 of the Code of Criminal Procedure, the Court has thoroughly set out the conditions of the new regime of the in absentia trial: firstly, the facts that are the subject of the charges must fall within the concept of torture, as defined by Article 1 CAT; secondly, it is necessary that the acquisition of evidence of lack of knowledge of the pending trial – even where there is the awareness of the proceedings – is due to the ascertained refusal of judicial assistance by the defendant’s foreign State of nationality; moreover the right to a new trial in presence must be guaranteed.File | Dimensione | Formato | |
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