Conferme e smentite della Grande camera in materia di testimoni assenti

Translated title of the contribution: [Autom. eng. transl.] Confirmations and denials of the Grand Chamber regarding absent witnesses

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Abstract

After the Al-Khawaja judgment, the Grand chamber returns to the subject of absent witnesses to clarify the criteria to establish whether the criminal proceedings, as a whole, were fair. In particular, the European Court explicitly states the inadequacy of other (even strong) procedural safeguards if the prosecution authorities did not give the defendant (or his lawyer) an opportunity to question at the investigation stage witnesses which would not be examined at the hearing of the trial court.
Translated title of the contribution[Autom. eng. transl.] Confirmations and denials of the Grand Chamber regarding absent witnesses
Original languageItalian
Pages (from-to)2627-2639
Number of pages13
JournalCASSAZIONE PENALE
Publication statusPublished - 2016

Keywords

  • absent witness
  • diritto al confronto
  • fair hearing
  • processo equo
  • right of confrontation
  • testimoni assenti

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