Proceedings before the Tribunal in monocratic composition

Starting date
January 1, 2009
Duration (months)
12
Departments
Law
Managers or local contacts
Presutti Adonella
Keyword
Criminal process, Tribunal, Monocratic composition

According to the Law 16th July 1999, No. 254, which established the single judge in first instance, the Law 16th December 1999, No. 479, abolished the Praetor and splatted the Tribunal’s jurisdiction between collegial and monocratic composition, issuing a new legislation for the proceedings before a single judge. Preliminary investigations follow the same rules, whilst for the trial two different models were set: the first one is like the proceedings before the collegial judge, with the preliminary hearing; the other one with the decree for direct summons for trial by the Public Prosecutor. The second model follows specific rules: some of them are new and other originated from the regulation of the trial before the Praetor. The rules contained in the other Books of the Code of Criminal Procedure, if applicable, shall be observed with reference to any matter which is not provided for. Also because of this general recall, the new rules produce many questions of interpretations which the Case Law shall solve out by applying the new norms.

Sponsors:

Fondo ex 60%
Funds: assigned and managed by the department

Project participants

Elisa Lorenzetto
Temporary Assistant Professor
Research areas involved in the project
Criminal Procedure
Publications
Title Authors Year
Commento agli artt. 552-553 c.p.p. Elisa, Lorenzetto 2017
Commento agli artt. 549,550,551 c.p.p. PRESUTTI A. 2010

Activities

Research facilities