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Accusatorial System in a Civil Law Country: The 1988 Italian Code of Criminal Procedure

NCJ Number
125169
Journal
Temple Law Review Volume: 62 Issue: 4 Dated: (Winter 1989) Pages: 1211-1224
Author(s)
E Amodio; E Selvaggi
Date Published
1989
Length
14 pages
Annotation
The 1988 Italian Code brought into existence the first instance of an accusatorial system ever known in a country in whose tradition and culture the inquisitorial approach to criminal justice had always been the rule.
Abstract
The new Code separates the prosecuting role from the adjudicative one and breaks the chain between preliminary investigations and the trial. Pretrial investigations take place outside the criminal process, the starting point of which is the public prosecutor filing the charging instrument. As a result, any evidence collected during the law enforcement agencies' or the prosecutor's investigation is designed to provide probable cause with a view to arresting the suspect or binding him over for trial. A basically evidentiary rule prevents the trier of fact from using evidence other than that lawfully admitted and produced at trial. The pretrial judge is responsible for determining whether or not probable cause exists for filing a criminal charge at the end of the investigation. It appears that the Italian criminal justice system has adopted a model which broadens the rights of the accused and increases the prosecution's burden for conviction. 48 notes.