DIRITTI UMANI E MITO DEL GIUDICATO

Translated title of the contribution: [Autom. eng. transl.] HUMAN RIGHTS AND MYTH OF THE JUDICATE

Giulio Ubertis

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] Already with the discipline of restitution in the term to challenge in favor of the default and without changing the usual terminology, with the 1988 CPP the area of the res judicata was reduced, allowing for the first time to check a ruling previously considered irrevocable on the basis of a affirmed illegitimacy of the itinerary followed to reach its formulation, then expanding the conditions for this appeal in 2005. Now, following the sent. cost. n. 113 of 2011, the applicability of the audit institution was extended, the establishment of which is currently made possible when a previous conviction is deemed to have been issued in violation of fundamental rights by the European Court of Human Rights. If, however, such a violation exists independently of a formal ruling by the supranational judge, one cannot exempt oneself from intervening also in cases similar to those for which the Strasbourg Court intervened without waiting for each one to pronounce itself specifically. It is therefore necessary to extend the result of sent. cost. n. 113 of 2011 or with a specific legislative provision or with a new constitutional ruling based on art. 2, 3 and 117 paragraph 1 of the Constitution
Translated title of the contribution[Autom. eng. transl.] HUMAN RIGHTS AND MYTH OF THE JUDICATE
Original languageItalian
Pages (from-to)787-793
Number of pages7
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Volume2012
Publication statusPublished - 2012

Keywords

  • Diritti umani
  • Giudicato
  • Human rights
  • Res iudicata
  • Review of penal judgement
  • Revisione

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