İtalyan Ceza Hukuku Sisteminde İstinaf: Hukuk Reformları ve İçtihat Hukuku

Abstract

This article deals with the crucial and vital issue of the appeal in the Italian criminal justice system. The first part of this study is focused on the historical framework and the main legislative reforms that have characterized the issue of appellate remedies. After this general overview, the article analyzes the different types of appellate remedies and the fundamental principles that govern them. However, the core of this article is devoted to the appeal, which has recently been affected by important legislative reforms that have reshaped it. After some preliminary remarks regarding the nature of the appeal in the Italian criminal justice system, the work deals with the form of the appeal, identifying the subjects who are entitled to lodge an appeal and the preconditions that justify the filing of it. The article is then focused on the appellate procedure, dedicating particular attention to the renewal of the trial evidentiary hearing in case of appeal of the public prosecutor against a first-instance acquittal. This case of renewal has recently been introduced by the Italian legislator following the case law of the European Court of Human Rights and of the Italian Court of Cassation. After analyzing such issues, this work identifies the outcomes of the appellate procedure. Finally, the article draws some conclusions about the issue of the appeal in light of the recent legislative reforms and case law.