This paper inspects the issues of the recognition of foreign criminal judgments in the light of the 2016-2017 amendments to the Italian Code of Criminal Procedure. Said amendments, in particular, do not resolve the current problems regarding the effective respect of defendant’s fundamental guarantees such as the individual right to a fair trial. As this article will show, despite the status of judicial cooperation concerning the EU Member States, the situation in non-EU countries (in the framework of bilateral agreements) seems to ensure a greater effectiveness and a stronger compliance with the mutual trust principle between States.
RICONOSCIMENTO DELLE SENTENZE PENALI STRANIERE E GIUSTO PROCESSO: LE FORME DI COOPERAZIONE E ASSISTENZA GIUDIZIARIA TRA “FIDUCIA” INTERSTATUALE ED EFFETTIVA RECIPROCITÀ
Gaspare Dalia
2020-01-01
Abstract
This paper inspects the issues of the recognition of foreign criminal judgments in the light of the 2016-2017 amendments to the Italian Code of Criminal Procedure. Said amendments, in particular, do not resolve the current problems regarding the effective respect of defendant’s fundamental guarantees such as the individual right to a fair trial. As this article will show, despite the status of judicial cooperation concerning the EU Member States, the situation in non-EU countries (in the framework of bilateral agreements) seems to ensure a greater effectiveness and a stronger compliance with the mutual trust principle between States.File in questo prodotto:
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