The doctorate’s theme of research - Abstract
My doctorate’s theme of research is about the Investigation in the Italian criminal
proceedings.
The Italian Code of criminal procedure of 1988 is the fruit of a new ideology that
marks a departure from Italy’s prior inquisitorial tradition.
According to criminal procedure Code of 1988, an accusatorial system separates the
investigation and trial stages and the judge’s decision is based only on evidence
collected in oral form in his presence in a public trial containing adversarial
dynamics.
The Italian Code of 1988 created a separation between criminal investigations and
trial. Investigations are conducted by Public Prosecutor: he conducts the investigation
phase in order to deem whether to file a formal charge against the defendant or to
dismiss the case and the investigative evidence collected should serve only for this
purpose.
According to so called “inutilizzabilità fisiologica”’s rule, the evidence collected
during investigations by prosecutor is not usable during trial by the judge: the results
of the investigative efforts displayed by the parties should be kept outside of court. If
the proceedings go on to trial, the case shall be deemed with only evidence collected
in front of the judge.
To create the separation of the trial phase from the investigation stage, there is the
double-dossier system. During the investigations, evidence are collected in an
investigation dossier. The trial judge will never see the investigation dossier and the
trial judge’s decision is based on a new dossier, the trial dossier, with the evidence
collected during the trial.
The issue of my research is about the investigation, the so called “inutilizzabilità
fisiologica”’s rule and also the exclusionary rules that concern the investigative phase
and the decisions pronounced during the investigations (for example, the decisions
concerning pre-trial confinement).
2
In fact, the exclusionary rule system (so called “inutilizzabilità patologica”) provides
that evidence cannot be used in Italian criminal proceedings if it was the result of
illegal inquiry.
| Identifer | oai:union.ndltd.org:unibo.it/oai:amsdottorato.cib.unibo.it:1710 |
| Date | 27 May 2009 |
| Creators | Todaro, Guido <1981> |
| Contributors | Illuminati, Giulio |
| Publisher | Alma Mater Studiorum - Università di Bologna |
| Source Sets | Università di Bologna |
| Language | Italian |
| Detected Language | English |
| Type | Doctoral Thesis, PeerReviewed |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/restrictedAccess |
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