Italian criminal procedure and rights of defence in the pre-trial stage
Meritum
Italian criminal procedure and rights of defence in the pre-trial stage
Autor Correspondente: Benedetta Galgani | [email protected]
Palavras-chave: right of defense, pre-procedural stage, italian procedural law
Resumos Cadastrados
Resumo Inglês:
The right of defense plays an essential role in the concept of a fair lawsuit, in a non-formalist sense. This right represents not only the aspect of the right to the adversary system, but also, and above all, the guarantee of its genuine implementation. The right to be assisted by an interpreter is seen as a way for the accused to conscientiously participate in the lawsuit though effective nderstanding of all its aspects. The Italian Constitution recognizes the right of a suspect/accused to be informed of the accusation against him, and of his rights, as soon as possible. The right to legal aid is also guaranteed. There are, in addition, special government provisions for dealing with minors and with regards to their educational interests, especially during the judgment phase.
