Home | About Us | Advanced search | Link Versione Italiana  English version  France version


European Observer on fundamental right's respect

  Advanced search

Case Law 45807/2008 (11/12/2008)

Type: Judgment

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

Date: 12/11/2008

Subject: After Italy has been sentenced by the ECHR for violating the principle of fair trial, the Court of Cassation considers the correction of a material error as means to reopen the trial (with regard only to the supreme court proceeding) even though the decision is res iudicata.

Original language: Italian

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - General provisions - Art. 53 Level of protection

Text download Italian