| Violazione dell'equo processo, rimedi processuali e ruolo del giudice |
| Fascicolo 2009-1 |
| Scritto da Ansanelli Vincenzo |
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Sommario Sommario: 1. Il caso. – 2. Le questioni giuridiche coinvolte. – 3. Considerazioni conclusive. Spunti di raffronto comparato.
Abstract With the “Dressich case” – in which the ECHR previously assessed a violation of the defendant’s procedural rights, to be found in the issuing ex officio of a different criminal charge by the judge of last resort - the Italian Constitutional Court established that, in order to assure the defendant a restoration of his right to a fair trial, a renewal of the whole proceeding is not needed. The Court had recourse instead to article 626 Italian Code of Criminal Procedure. In its decision the Court points out several interesting remarks over the implementation of constitutional rights to a fair trial, with specific attention to the judge’s role; the Court, also adopting a comparative perspective, seems to find a common trend in both common law and civil law systems toward a heightened managerial role for the judiciary. |