Informazione di garanzia

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Abstract

[automatically translated] The grant is intended to provide an analysis of the institutional instrument designed to inform the person being examined of carrying out a series of activities directed to potential criminal action against him in order to enable the latter to exercise its right of defense in during criminal proceedings: the warranty information governed by art. 369 cpp The investigation moves from the study of so-called ancestors warranty information, arisen during its term of repealed Rocco code, such as the notice of the proceedings and judicial communication, and then tackle the institution of art. 369 Code of Criminal Procedure of the current Code of Criminal Procedure. The warranty information analysis is, however, carried out without neglecting the evolutionary path to art. 369 Code of Criminal Procedure, and modification of the original wording of the provision made by the. August 8, 1995, n. 332 that has moved forward the moment when the prosecutor is responsible for sending the information, fueling, however, the debate about the real usefulness of the institution in question. The contribution leads, therefore, a detailed examination of the institute: in particular, are the subject of a thorough study of the laws regarding the conditions of warranty information, its content, data transmission rate, the recipients of the same and the penalty regime connected to its possible violation. The analysis of the disclosure requirements pursuant to Art. 369 cpp invests, however, that the issue of the so-called equivalent information, and the issue of the times when the forwarding of the information should be made by the prosecutor-called acts surprise (search and seizure). Finally, special attention is devoted to the complex relationship between the current warranty information physiology and principles of due process: such a comparison is not only the light of Article. 111 of the Constitution. And art. 6 of the ECHR, but also by placing the mentioned institute under the magnifying glass of Directive 2012/13 / EU of the European Parliament and of the Council on the right to information in criminal proceedings which, however, will put the Italian legislature many problems when transposition. Finally, special attention is devoted to the complex relationship between the current warranty information physiology and principles of due process: such a comparison is not only the light of Article. 111 of the Constitution. And art. 6 of the ECHR, but also by placing the mentioned institute under the magnifying glass of Directive 2012/13 / EU of the European Parliament and of the Council on the right to information in criminal proceedings which, however, will put the Italian legislature many problems when transposition. Finally, special attention is devoted to the complex relationship between the current warranty information physiology and principles of due process: such a comparison is not only the light of Article. 111 of the Constitution. And art. 6 of the ECHR, but also by placing the mentioned institute under the magnifying glass of Directive 2012/13 / EU of the European Parliament and of the Council on the right to information in criminal proceedings which, however, will put the Italian legislature many problems when transposition.
Original languageItalian
Title of host publicationDigesto della procedura penale
Pages1-58
Number of pages58
Publication statusPublished - 2012

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