Criminal Procedure Code at Italy
Italy's criminal justice system is governed by the Codice di Procedura Penale (Code of Criminal Procedure), enacted by Presidential Decree No. 447 on September 22, 1988, and published in the Gazzetta Ufficiale on October 24, 1988 . (Gazzetta Ufficiale)
⚖️ Structure and Key Phases
The Code outlines a structured approach to criminal proceedings, encompassing:
Preliminary Investigations: Initiated by the Public Prosecutor or judicial police upon becoming aware of a crime.
Preliminary Hearing: A judge assesses whether sufficient evidence exists to proceed to trial.
Trial: Conducted before a judge or panel, determining guilt or innocence.
Appeals: Allows for challenging decisions in higher courts.
🧑⚖️ Participants in the Criminal Process
Indagato: Suspect under investigation.
Imputato: Defendant formally charged.
Pubblico Ministero: Public Prosecutor responsible for initiating and pursuing the prosecution.
Giudice: Judge overseeing proceedings.
Difensore: Defense attorney representing the accused. (Codice di Procedura Penale in PDF)
⚖️ Rights and Safeguards
The Code ensures several protections for individuals involved in criminal proceedings:
Right to Defense: Accused individuals have the right to be assisted by legal counsel throughout the process.
Right to Silence: Accused persons are not compelled to testify against themselves.
Right to Fair Trial: Proceedings must be conducted impartially and within a reasonable time frame.
📚 Accessing the Code
The full and consolidated text of the Codice di Procedura Penale is available in Italian on the official Gazzetta Ufficiale website:
🔗 Codice di Procedura Penale – Gazzetta Ufficiale
For an English translation, the University of Trieste provides an updated second edition, which includes introductory essays and is accessible through their repository: (The Italian Code of Criminal Procedure [2. ed.])
🔗 The Italian Code of Criminal Procedure – University of Trieste
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