NCJ Number
90711
Journal
Rassegna penitenziaria e criminologica Volume: 4 Issue: 1-2 Dated: (January-June 1982) Pages: 1-33
Date Published
1982
Length
33 pages
Annotation
The individual's subjective right to a fair trial must be recognized formally.
Abstract
The Italian courts have not been able to grasp the concept of fairness that has been introduced into the Italian judicial system by the European Convention of Human Rights. This Convention, which Italy ratified in 1955, emphasizes that the right to a fair trial in criminal proceedings is a basic human right. The uniqueness of the Convention lies not only in its reaffirmation on an international level of a certain number of fundamental rights of citizens as individuals; it also raises the possibility of effective protection of basic human rights by means of an efficient judicial mechanism with an international guaranty. The norms outlined in the Convention can be applied immediately to Italian jurisprudence with little difficulty. Through an examination of the most recent decisionmaking procedures of the highest appeals court, the means for establishing the principle of an Italian fair trial are illustrated. Reference is made to specific articles of the Italian penal code.