Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione I Penale

Date: 07/12/2006

Subject: : With reference to the re-opening of the time limit for an appeal against a judgment in absentia, the Court is required to comply with the judgment of the European Court of Human Rights which has recognised the unfair character of a "trial in absentia". As a consequence the right to a re-trial cannot be denied on the ground that the judgment is no longer subject to appeal in accordance with national law.

Parties: Somogyi Tamas

Original language: Italian

Classification: Art. 47 Justice: remedy - Justice: effective - Fair trial, public hearing

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