Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte Costituzionale

Date: 12/09/2009

Subject: The Court has stated the constitutional illegitimacy of art. 172, paragraph 2 of the criminal procedure code, because in contrast with art. 6 of the ECHR, as interpreted by the jurisprudence of the Court of Strasbourg, where it does not allow the accused person, who has not had actual knowledge of the proceeding or measure, to be granted new terms in order to appeal against the judgment in absentia. Original language: Italian

Original language: Italian

Classification: Justice - Art. 48 Rights of defence

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