The article reviews the evolution of the Italian Code of Criminal Procedure, adopted in 1989 according to an adversarial model, and the successive reforms that have weakened its guiding principles. Initially designed to guarantee the rights of the defence and the adversarial principle, the system has been transformed by inquisitorial practices, in particular the increased use of evidence gathered during the preliminary investigation phase. The current Minister of Justice has entrusted a commission with the task of overhauling the adversarial model, the challenges of which are discussed in the article, by strengthening the guarantees for the accused, limiting the scope of videoconferencing hearings and regulating the use of technological means of investigation. However, in the contemporary context marked by digitalisation and the imperative of collective security and victim protection, it is rather the inquisitorial model that is likely to be revitalised.
La réforme du code de procédure pénale italien
Negri Daniele
2025
Abstract
The article reviews the evolution of the Italian Code of Criminal Procedure, adopted in 1989 according to an adversarial model, and the successive reforms that have weakened its guiding principles. Initially designed to guarantee the rights of the defence and the adversarial principle, the system has been transformed by inquisitorial practices, in particular the increased use of evidence gathered during the preliminary investigation phase. The current Minister of Justice has entrusted a commission with the task of overhauling the adversarial model, the challenges of which are discussed in the article, by strengthening the guarantees for the accused, limiting the scope of videoconferencing hearings and regulating the use of technological means of investigation. However, in the contemporary context marked by digitalisation and the imperative of collective security and victim protection, it is rather the inquisitorial model that is likely to be revitalised.| File | Dimensione | Formato | |
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