Case Law 117/2007 (21/03/2007)
Type: Judgment
Authority: National Courts: Supreme Courts (Italy) - Corte Costituzionale
Date: 03/21/2007
Subject: The Constitutional Court has dismissed the question of constitutional conformity of artt. 159, 160, 420-quarter, I par., and 484 Code of Criminal Procedure (concerning trial by default), with regard to artt. 3, 10, I par., 97, I par. and 111, II, III and IV par. of the Constitution. The question concerned the above listed norms in those parts in which they do not provide for the compulsory suspension of a trial concerning defendants to whom the summon has been notified after the decree of untraceableness.
The Court highlights that the ECHR, with regard to the protection of the right to an effective remedy and concerning a trial by default, does not recognize wider guarantees than the ones contemplated by art. 111 Cost. and, in support of this theory, it recalls the Court of Strasbourg's recent case-law, which has not denied in principle the relevance of restoring measures (ECHR, Grand Chamber decision of 1 March 2006, second decision on case Sejdovic).
Original language: Italian
Classification: Art. 48 Rights of defence
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