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

 Europeanrights.eu

European Observer on fundamental right's respect

  Advanced search

Case Law 117/2007 (21/03/2007)

Type: Judgment

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

Date: 03/21/2007

Subject: The Constitutional Court has dismissed the question of constitutional conformity of artt. 159, 160, 420-quarter, I par., and 484 Code of Criminal Procedure (concerning trial by default), with regard to artt. 3, 10, I par., 97, I par. and 111, II, III and IV par. of the Constitution. The question concerned the above listed norms in those parts in which they do not provide for the compulsory suspension of a trial concerning defendants to whom the summon has been notified after the decree of untraceableness. The Court highlights that the ECHR, with regard to the protection of the right to an effective remedy and concerning a trial by default, does not recognize wider guarantees than the ones contemplated by art. 111 Cost. and, in support of this theory, it recalls the Court of Strasbourg's recent case-law, which has not denied in principle the relevance of restoring measures (ECHR, Grand Chamber decision of 1 March 2006, second decision on case Sejdovic).

Original language: Italian

Classification: Art. 48 Rights of defence

Text download Italian