[automatically translated] There is no doubt that it would be appropriate to provide for the establishment of a form of control in order to delivery (or failure to pronounce) in art. 42 Code of Criminal Procedure; It does not consider, however, that, in the face of the silence of the legislature of that profile, based on an exegesis of the constitutionally codicistica current regulations, the measure in question, can be changed in content by the substitute judge in the course of the new trial, under the ordinary admissions powers and taking evidence, albeit in the debate between the parties. It appears, therefore, only right for legislative action in this regard that, capable of overcoming any doubt of constitutionality, upholds the union in order to measure that decides on acts.
|Title of host publication||cassazione penale|
|Number of pages||11|
|Publication status||Published - 2013|