Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Penale

Date: 12/01/2006

Subject: The execution judge must rule, in accordance with art. 670 of the Code of Criminal Procedure, that a judgment is not enforceable when the European Court of Human Rights has found that said judgment has been made in violation of the provisions concerning a fair trial enshrined in art. 6 of the European Convention and has acknowledged the right of the convicted person to a retrial, even when the legislator has failed to introduce the appropriate process to enable the commencement of the new trial.

Parties: Dorigo Paolo

Original language: Italian

Classification: Art. 47 Justice: remedy - Justice: effective - Fair trial, public hearing

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