Autore
Rotondo, Francesco

Titolo
Presunzione di innocenza, informazione giudiziaria e diritti fondamentali
Periodico
Freedom, security & justice (Online)
Anno: 2022 - Fascicolo: 1 - Pagina iniziale: 308 - Pagina finale: 337

Transposing Directive 2016/343/EU of 9 March 2016, the Italian legislator has issued Legislative Decree n. 188 of 8 November 2021 – entered into force on 14 December 2021 – about the implementation of various aspects of the presumption of innocence and the right to attend a criminal trial. This paper analyzes the single provisions of the new law in light of the relevant provisions of the Directive and of the case law’s development, with special regard to the European Court of Justice’s one. The final picture shows a regulation with lights and shadows. It is surely to be welcomed insofar as it calls for an accurate reflection by public authorities on the opportunities of spreading news concerning criminal proceedings, as well as – more importantly – on the way such information is disseminated, which should be such as to avoid charging suspects or defendants with an anticipated guilty plea, when a final judgment has not yet been rendered. The same does not apply to the decision to introduce the new Article 115 bis of the Code of Criminal Procedure, whose text reveals unclarity and mistakes, that are all the more inappropriate if we consider the impact they will have on the reasoning of criminal judgments



SICI: 2532-2079(2022)1<308:PDIIGE>2.0.ZU;2-8
Testo completo: http://www.fsjeurostudies.eu/files/FSJ.1.2022.13.ROTONDO.pdf

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