Competenza per connessione e giudice naturale

Translated title of the contribution: [Autom. eng. transl.] Jurisdiction for connection and natural judge

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Abstract

[Autom. eng. transl.] The contribution starts from the jurisprudential contrast regarding the need to subordinate the connection operation to the slope of the related procedures in the same state and grade. The answer (also accepted by the United Sections) is found in the nature of the original criterion of attribution of the competence assigned to the connection, with the consequence that it is disengaged from the slope of the proceedings in the same state and grade. Moreover, this conclusion cannot be founded on a reading of Article 25 paragraph 1 of the Constitution which leads to identifying the concepts of naturalness and pre-constitution, attributing an exclusive role to the second. On the contrary, the concept of "natural judge" is endowed with its own autonomy: it, today detached from the connection with the locus commissi delicti, indicates the aptitude of the jurisdictional body to understand the conduct of the accused
Translated title of the contribution[Autom. eng. transl.] Jurisdiction for connection and natural judge
Original languageItalian
Pages (from-to)4492-4504
Number of pages13
JournalCASSAZIONE PENALE
Publication statusPublished - 2013

Keywords

  • Compentenza per connessione
  • Naturalità del giudice
  • Naturelness of the judge
  • competence for connection

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