Type: Judgment

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

Date: 05/03/2007

Subject: The Court considered unfounded the violation of “orality principle” and observance of debate, decided by German Judicial Authority which had passed a sentence based on deposition of a Police Officer who had told witness’ testimony who, during a debate, made use of the non-answering right. For executing such sentence it had been asked the consignment by German Authority; and the Court of Cassation declared that “the principles and the rules”, contained in the Italian Republic Constitution and related to “right proceedings”, of which the observance is condition (established by item 2, paragraph 1, litt. b of the law n. 69/2005) for executing European warrant, are that defined by supranational Charters and particularly by item 6 of European Agreement for human rights, to which the item 111 of Italian Constitution refers.

Parties: Melina

Original language: Italian

Classification: Freedoms - Art. 6 Personal liberty - Justice - Art. 48 Rights of defence

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