pretrial detention compensation. the italian experience
TRANSCRIPT
Pre-trial detention related compensation claims in Italy
Nicola Canestrini Fair Trials LEAP annual conference 2017, Athens
Italian criminal justice systemthree instances
“semi-adversarial” (adversarial with
inquisitorial approach)
prosecution is indipendent, mandatory,
leads investigation
no reimbursment of legal fees in case of acquittal
no bail but probation <2 years conviction
pretrial detention in Italyrequest by prosecutor, ordered by a judge (in chambers), reviewed by request max. statutory conviction length >5 years. discretionary, 2 conditions:
serious circumstantial evidence (“probable cause”) AND risk
further offences (and/or) evidence tampering (expiration date) (and/or) abscond.
“extrema ratio” lenght: phase and crime depending, maximum is fixed by law (for most serious crimes: investigation 1 year, 3 instances: 1 + 1 1/2 + 1 1/12 up to max. 6 years)
approx. 30% prisoners in PTD
PreTrial-detention COmpensationlaw (It. Constitution and criminal procedure code)
acquittal / wrongful PTD/ PTD longer than conviction
upon personal request of PT detainee not automatic time limit: 2 years max. of compensation 516.000 € quantum? standard + case by case correction rules of civil proceeding (cost refusal)
995 cases
€ 35.248.358,59
2014
“gross negligence of unlawful detained defendant”
use of the right to silence?
It. Supreme Court, Grand Chamber, judgment n. 51779/2013
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