LEGAL PROCEEDINGS CRIMINAL - CIVIL - ECCLESIASTICAL JURISDICTIONAL COMPETENCE

CRIMINAL DISPUTES

CASSAZIONE PENALE - Judgment no. 26614 of 9th July, 2012

ABSTRACT:

Violation of the right to a fair hearing and of the right to be heard.

Author: Court of Cassation - Criminal

Date: 9th July, 2012

Topic: Religious freedom

File: Religious freedom

Country: Italy

Abstract: In the de plano filing of records despite the opposition of the injured party, within the meaning of paragraph two of art. 410 of the Italian Code of Criminal Procedure, the examining judge must provide specific reasons both as regards the groundlessness of the offence and the grounds for inadmissibility (failure to specify) of the object of the supplementary investigations and/or of the relevant evidence); failure to provide such reasons shall constitute breach of the right to a fair hearing, which is first and foremost and in any case, the right to be heard

JUDGMENT:

Sentenza-Cassazione-26614-2012.pdf

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JUDGMENT RECORDED IN THE FOREMOST JUDICIAL

JOURNALS:  

http://www.olir.it/documenti/index.php?documento=5877