THE INFLUENCE OF THE ECHR JURISPRUDENCE ON THE NATIONAL CRIMINAL PROCEDURE SYSTEM. THE ITALIAN PERSPECTIVE: FROM DIVERGENCE TO REALIGNMENT
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Authors:
• Clara TRACOGNA, email: clara.tracogna@unipd.it; clara.tracogna@tin.it, Afiliation: University of Padova -
Keywords: ECHR jurisprudence; national Courts decisions; in absentia trial; renewal of the trial; draft-bills
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Abstract:
The paper will offer a survey of the most important and recent ECHR decisions that sentenced Italy on varied criminal procedure aspects. In particular, the essay will analyze how those decisions influenced both legislative choices and judicial decisions: as a matter of fact, the Italian Parliament approved specific laws in order to adapt the criminal procedure code to the ECHR decisions that sentenced Italy; the Constitutional Court, as well as the Trial Courts, also changed its perspective and followed the principles carried out by the ECHR. The overview will focus on: in absentia trials, defendant rights, revision of the final conviction and right to a renewal of the trial