The ICJ presented to the Italian Senate its intervention on Bill no. A.S. 1440 on the reform of criminal procedure.
The ICJ expresses its views on certain provisions of the Bill which risk extending the already excessive length of judicial proceedings in Italy, such as concession of additional periods for the preparation of the defence, new rules on evidence, and the establishment of an additional judicial panel for judicial review of detention. The ICJ also puts forward recommendations for the amelioration of the reform of the Pinto Law, the remedy under Italian law for excessive length of judicial proceedings. Finally, the ICJ addresses the new rules on abstention and recusal of judges, which affect judges’ independence and freedom of expression; the rule on mandatory closure of criminal proceedings; the new rules on revision of criminal trials and the provision on publication of European Court of Human Rights’ decisions.
Italy-High Council of Magistrature criticizes flawed Criminal Procedure Reform Bill-Press release-2009-Eng (full text, PDF)
Italy-High Council of Magistrature criticizes flawed Criminal Procedure Reform Bill-Press release-2009-Ita (full text, PDF)
Italy-ICJ Intervention on Senate Bill-Legal submissions-2009-Eng (full text, PDF)
Italy-ICJ Intervention on Senate Bill-Legal submissions-2009-Ita (full text, PDF)