Remedies against the unfair criminal final judgment within Europe

Starting date
January 1, 2008
Duration (months)
24
Departments
Law
Managers or local contacts
Presutti Adonella
Keyword
Remedies, judgement, Criminal, Unfair

The almost several convictions issued by the European Court of Human Rights against Italy due to the violations of the "fair trial" standards provided for by article 6 of ECHR as well as the frequent appeals to adopt new rules concerning the re-start of the proceeding - upon specific conditions [Recommendation 2000 (2) and Resolution 2000 (30)] - point out the need to provide for adequate mechanisms of redress even through the revision of the so called domestic res iudicata within the Italian law system.
Since the amendment plans were not finalised by the end of the previous legislature, such amendments focused on the introduction of a new case of revision (article no. 630, lett. c-bis, of the criminal procedure code), the lack of a specific procedure rule bound the case law to solve the issue of the codified regulation proposing, therefore, divergent solutions: on one hand, it has been stressed the unenforceability of the domestic res iudicata, pursuant to article no. 670 of the criminal procedure code and, on the other hand, it has been objected the unlawfulness of the article no. 630, lett. a, of the criminal procedure code with regard to the revision of the final judgement, such an issue currently under the decision of the Constitutional Court.
After an analysis of the typology of the possible violations of the article no. 6 of the ECHR and their effect on the criminal ascertainment, the research, at a first glance, shall assess the compatibility of the interpretation guidelines followed by the courts and of the proposals of reform pursued by Italian Parliament about the effect, at the domestic level, of the awards of the Strasbourg judges. with the criminal proceeding system and the discipline concerning the revocation of the final judgement. As a second target, it intends to analyze the effects due to the application of the redresses. Such redresses refer to the specific case of a judgement deemed unfair by the European Court in the event of violation of a fundamental human right of the person because of the correct enforcement of a domestic law provision which does not comply with the fair trial rules.
The research will also deal with remedies offered by other EU members States. Only by knowing the phenomenon and the recent trends of other legal systems it will be possible to propose proper models of intervention.

Sponsors:

PRIN VALUTATO POSITIVAMENTE
Funds: assigned and managed by the department
Syllabus: COFIN - Progetti di Ricerca di Interesse Nazionale

Project participants

Collaboratori esterni

Lisa Maria Filippi
Libero professionista
Rachele Nicolin
Libero professionista
Research areas involved in the project
Criminal Procedure
Publications
Title Authors Year
La revisione del giudicato penale tra impugnazione straordinaria e quarto grado di giudizio A. PRESUTTI 2009

Activities

Research facilities