Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/21/2011

Subject: The Court affirmed that Framework Decision 2001/220/JHA on the standing victims in criminal proceedings, must be interpreted as not precluding provisions of national law, such as Articles 392(1a), 398(5a) and 394 of the Italian Code of Criminal Procedure, which, first, do not impose on the Public Prosecutor any obligation to apply to the competent court so that a victim who is particularly vulnerable may be heard and give evidence under the arrangements of the incidente probatorio during the investigation phase of criminal proceedings and, second, do not give to that victim the right to bring an appeal before a court against that decision of the Public Prosecutor rejecting his or her request to be heard and to give evidence under those arrangements.

Parties: Procedimento penale a carico di X

Classification: Justice

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