Corte europea dei diritti dell’uomo e iura novit curia

According to the European case law, a defendant can not be finally convicted on the basis of legal characterisation never communicated during the procedure and on which he is not entitled to contest in respect of legal and factual aspects: therefore, art. 521 paragraph 1 c.p.p. does not appear to respect art. 6 paragraph 1 and 3 lett. a and b Cedu and, accordingly, it appears incompatible with Constitution. Meanwhile, a remedy to comply with a European court’s decision could come from the costitutional judgment n. 113 of 2011