Testimoni assenti: la grande camera ridefinisce la regola della “prova unica o determinante”

Translated title of the contribution: [Autom. eng. transl.] Witnesses absent: the large chamber redefines the rule of "single or decisive proof"

Research output: Contribution to journalArticlepeer-review

Abstract

Remember the lessons of the European Court on the subject of contradictory and absent witnesses. First, we examine the structural defects of our system of jurisprudence readings as well as attempts to adapt to conventional precepts, highlighting the limits. The focus then shifts to a recent judgment of the Grand Chamber which, for the first time, admitted that a conviction can be based on a decisive statements made by a witness that the defense has never been able to cross-examine, provided strong procedural safeguards have adequately compensated for the lack of hearing. The Author exposes the basic principles regulating the use of previous statements under the Italian law and comments the decision rendered by the Grand Chamber of the Strasbourg Court that to a limited extent deviated from the previous case law.
Translated title of the contribution[Autom. eng. transl.] Witnesses absent: the large chamber redefines the rule of "single or decisive proof"
Original languageItalian
Pages (from-to)3115-3131
Number of pages17
JournalCASSAZIONE PENALE
Publication statusPublished - 2012

Keywords

  • Contraddittorio
  • absent witnesses
  • equità processuale
  • fair hearing
  • right of confrontation
  • testimoni assenti

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] Witnesses absent: the large chamber redefines the rule of "single or decisive proof"'. Together they form a unique fingerprint.

Cite this