La nuova disciplina della modifica dell’imputazione nell’udienza preliminare: luci e ombre

The control over the indictment at the preliminary hearing constitutes the point of convergence of several constitutional requirements: the efficiency and reasonable duration of the trial, on the one hand, and due process and the right of defence, on the other. By Legislative Decree No. 150 of 10 October 2022, the legislator introduced a mechanism of judicial control of a preventive type on the indictment, which imposes, at the occurrence of the defect, the mandatory confrontation between the parties and the judge. However, the new system suffers from critical issues with regard to the balance of power between the parties in the trial that risk prejudicing the defendant's position, especially due to the lack of an express reference to the exercise of the right to evidence.