Title: The Court of Cassation finds the way to reopen proceedings after a sentence for violation of the principle of fair trial

Date: 03/09/2009

Subject: The Italian Supreme Court (Corte di Cassazione) once again tackles the sensitive issue of the conflict between national final judgements and the ECHR final judgements. The court clearly reconstructs the relationship between national law and the Convention, plainly reaffirming the binding force of judgments of ECHR. In this case, the Supreme Court defines the need to limit the restitution of the right to the single phase of the trial where the violation of the fair trail was detected and offers a “conventionally-oriented” interpretation of the power of reclassification of fact.

Original language: Italian

Classification: General provisions - Art. 53 Level of protection

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